Skip to main content

Full text of "The assassination of President Lincoln and the trial of the conspirators David E. Herold, Mary E. Surratt, Lewis Payne, George A. Atzerodt, Edward Spangler, Samuel A. Mudd, Samuel Arnold, Michael O'Laughlin"

See other formats


*''-^«7>5?-''^ jvg»lorAa.}' ■'^JI^K^ 



ifcare WOtfMtitBMilwm Pultluhrra 



THE ASSASSINATION" 



PEESIDENT LINCOLN 



TRIAL OF THE CONSPIRATORS 



DAVID E. HEROLD, 
MARY E. SURRATT, 
LEWIS PAYNE, 
GEORGE A. ATZERODT, 



EDWARD SPANGLER, 
SAMUEL A. MUDD, 
SAMUEL ARNOLD, 
MICHAEL O'LAUGHLIN. 



Containing tlie Orders convening the Commission ; 
Bales for its guidance ; Pleas of the accused to the Juris- 
diction of the Commission, and for Severance of Trial ; 
Testimony in full concerning the Assassination, and 
attending circumstances ; Flight, pursuit and capture of 
John Wilkes Booth ; Attempted Assassination of Hon. 
W. H. Seward, Secretary of State. Oflicial Documents 
and Testimony relating to the following plots : The 
Abduction of the Pi'csident and Cabinet, and carrying 
them to KichmoLnd ; The Assassination of the President 
and Cabinet ; The Murder of President Lincoln by pres- 
ents of infected clothing; The introduction of pestilence 
into Northern cities by clothing infected with Yellow 
Fever and Small Pox ; Starvation and murder of Union 



prisoners in Southern prisons ; Attempted burning of 
New Tork and other Northern cities ; Poisoning the 
water of the Croton Beservoir, New Tork ; Raid on St. 
Albans ; Contemplated raids on Buffalo, Ogdensburg, 
etc. ; Burning of Steamboats on Western rivers. Govern- 
ment Warehouses, Hospitals, etc. ; Complicity of Jeffer- 
son Davis, Judah P. Benjamin, Jacob Thompson, George 
N. Sanders, Beverley Tucker, C. C. Clay, etc. ; Jacob 
Thompson's banking account in Canada ; The mining of 
Libby Prison, and preparations to blow it up ; The "dis- 
organization of the North" by a system of terrorism 
and infernal plots ; Arguments of Counsel for the 
Accused; Beply of Hon. J. A. Bingham, Special Judge 
Advocate ; Findings and Sentences of the Accused, etc. 



COMPILED AND ARRANGED BY BENN PITMAN, 



EECORDKR TO THE COMMISSION. 



PUBLISHERS: 

MOORE, WLLSTACH & BALDWIN, 

25 West Fourth Street, Cincinnati. 

New York, 60 Walker Street. 

1865. 



cop 3, 



Entered according to Act of Congress, in the year 1865, 

Bt MOORE, WILSTACH & BALDWIN, 

In the Clerk's OfBce of the District Court of the United States for the Southern District of Ohio. 



APPROVAL OF THE SECRETARY OF WAR. ETC. 



Military Commission, Penitkntiaey, Washington, D, C, "i 

Tuesday, June 20, 1865. j 
3S. Joseph Holt, Judge Advocate General : 

v^ERAL — To satisfy the present public desire, and for future use and reference, it 

.ertainly desirable that an authentic record of the trial of the assassins of the 

^e President, as developed in the proceedings before the Military Commission, should 

3 published: such record to include the testimony, documents introduced in evidence, 

iscussion of points of law raised during the trial, the addresses of the counsel for the 

ccused, the reply of the Special Judge Advocate, and the findings and sentences. 

Messrs. Moore, Wilstach & Baldwin, publishers, of Cincinnati and New York, are 

rilling to publish the proceedings in respectable book shape, and I will arrange and 

ompile, on receiving your approval. 

I respectfully refer to the printed work, "The Indianapolis Treason Trials," as an 
adication that my part of the work will be performed with faithfulness and care. 

Very respectfully, your obedient servant, BENN PITMAN. 

Recorder to Commission. 
Indorsed and approved by — 

DAVID HUNTER, Maj. Gen. U. S. Vols. LEWIS WALLACE, Maj. Gen. U. S. Vols. 

AUGUST V. KAUTZ, Brev. Maj. Gen. U. S. Vols. KOBEET S. FOSTER, Brev. Maj. Gen. U. S. Vols. 

ALBIOK P. HOWE. Brig. Gen. U. S. Vols. T. M. HARRIS, Brig. Gen. U. S. Vols. 

JAMES A. EKIN, Brev. Brig. Gen. U. S. Vols. 0. H. TOMKINS, Brev. Col. U. S. Army. 

DAVID E. CLENDENIN, Lieut. Col. 8th Ills. Car. JOHN A. BINGHAM, Special Judge Advocate. 
H. L. BURNETT, Brev. Col. and Special Judge Advocate. 

Bureau of Military Justice, June 30, 1865. 
By authority of the Secretary of "War, the publication of the work referred to in the 
foregoing letter, will be permitted, on the condition that it be made without cost to the 
Government, and that it be prepared and issued under the superintendence of Col. 
Burnett, who will be responsible to this Bureau for its strict accuracy. 

J. HOLT, Judge Advocate General. 

Judge Advocate's Office, Department of the Ohio. ) 
Cincinnati, October 2, 1865. j 

In obedience to the directions of the Secretary of War, through the Judge Advocate 
General, I have superintended the compilation and publication, in book form, of the 
record of the trial of the conspirators at Washington, for the assassination of the 
late President, Abraham Lincoln, and the attempted assassination of the Secretary of 
State, Mr. Seward, other members of the Cabinet, and Lieut. Gen. Grant, and hereby 
certify to its faithfulness and accuracy. H. L. BUENETT, 

Judge Advocate Dist. of Ohio, and Special Judge Advocate of the Commission. 

The entire testimony adduced at the trial of the assassins of President Lincoln is 
contained in the following pages. It has been arranged in narrative form, to avoid 
unnecessary repetitions, and to present the facts testified to by each witness in a concise 
and consecutive form. The phraseology is that of the witness; the only license taken 
with the testimony has been its arrangement in historical sequence, both as to generals 
and particulars. 

Whenever the meaning of a witness was doubtful, or an evasive answer was given, or 
whenever the language of the witness admitted of a double interpretation, or of no 
interpretation at all, the questions of counsel, and the answers of the witness, have 
been retained. B. P. 




We»tmorcl»nd C. H. 



TABLE OF CONTENTS. 



Executive ORBEn Ordering a Slilitary Commission 

Special Order No. 211 Convf-ning Commission to meet on the Sth of May 

First Session Accused without counsel 

Second Session Special Order No. 2Ifi; Charge and Specification; pleadings 

of the accused; rules of proceeding 

Third Session Counsel introduced 

Fourth Session Pleas to Jurisdiction; Pleas for Severance 

GENERAL CONSPIRACY. 

EiCHABD MoNTGOMEBT Acquainted with Thompson, Sanders, Clay, Cleary, Tucker, 

Holconibe, etc., in Canada; their complicity with the rebel 
chiefs in the assassination ; firing of New York ; raids on 

St. Albans, Rochester, Buffalo, Ogdensburg, etc 

Recalled Letter from C. C. Clay to J. P. Benjamin, at Kichmond 

Recalled Time required to reach Washington from Montreal 

William H. Rohbeb Identified the handwriting of Clement C. Clav 

Sanfobd Conovee Intimate with the rebel agents in Canada; Booth and Sur- 

ratt in Canada; Surratt just from Richmond; participa- 
tion in the assassination plot ; rebel commis.sions for raid- 
ers; descent on Chicago; release of rebel prisoners 

Recalled Introduction of pestilence into the States by infected cloth- 
ing; poisoning of the Croton reservoir, New York; assas- 
sination approved at Richmond 

Recalled Testimony in the St. Albans case; seized in Canada and 

made to disavow his testimony before the Commission 

Nathak Ausee Accompanied Conover to Montreal; corroborated his state- 
ment 

James B. Meeeitt Intimate with rebels in Canada; assassination and other 

plots discussed and approved; approval of rebel chiefs in 

Richmond 

Recalled In Montreal after the assassination; rebels burning their 

papers 

George B. Hutchinson In Montreal with Dr. Merritt; corroborated his statement... 

Lieutenant-Geneeal U. S. Geant Jacob Thompson in the rebel military service; extent of the 

Military Department of Washington; civil courts open 

Samuel P. Jones Assassination discussed by rebel soldiers and citizens 

Henby Von Steinackeb Met Booth in Virginia after the battle of Gettysburg ; assas- 
sination discussed at a meeting of rebel officers 

HosEA B. Carter Saw Booth with the rebel clique in Canada 

John Deveny Saw Booth in Montreal with Sanders; also in Washington on 

the 14th of April, and at the theater 

William E. Wheeler Saw Booth in Montreal, in conversation with Sanders 

Henry Finegas Sanders speaking of Booth as " bossing the job" 

Mrs. Mary Hudspeth Letters of conspirators found by her in New York 

Letters signed " Charles Selby " and "Leenea" 

Hon. Chables A. Dana Identified the above letters as received from GgBBtal Dix 

liCtter from General Dix accompanying the Rlters 

Majoe T. T. Eckebt Date of General Butler leaving New York, November 14th.... 

SECRET CIPHER AND KEY. 

Lieutenant William H. Teeby Secret cipher found among J. W. Booth's effects 

William Eaton Found secret cipher in Booth's trunk at National Hotel 

Colonel Joseph H. Taylor Received the same from Lieu teneut W. H. Terry 



PAOJS 

17 



Hon. C. a. Dana ." Found secret cipher-key in Benjamin's office at Richmond.!.. 

Majoe T. T. Eckert Secret cipher dispatches from rebels in Canada to Richmond. 

ASSASSINATION CIPHER LETTER. 

Chables Duell Letter signed "Number Five;" assassination plot 

James Febguson Identified the letter found at Morehead City, N. C 

THE "LON" LETTER. 

Charles Dawson Letter signed "Lon," addressed to "Friend Wilkes" 

EoBEBT PUBDY Testified to facts referred to in the "Lon " letter. 



PLOT TO CAPTURE. 

Sauuxl Knafp Chester Booth's confessions to Chester; plot to capture abandoned... 

BOOTH'S OIL SPECULATIONS. 

Joseph H. Simonds Investments in, but no profits from, oil speculations 

JACOB THOMPSON'S BANK ACCOUNT. 

RoBKST Arson Cahfbeli. Thompson's Vccount with the Ontario Bank, Montreal; 

Booth's account 

BOOTH AT THE NATIONAL HOTEL. 

6. W. BuNKEE Dates of Booth's arrival and departure at National Hotel.... 

JEFFERSON DAVIS AND THE ASSASSINATION. 

Lewis F. Bates Receipt of telegram by Davis announcing the assassination. 

J. C. CouETNEY Identified the telegram received by Davis at Bates's House.... 

James E. Russell.. Testified to character of Lewis F.Bates 



(V) 



71 



TABLE OF CONTENTS. 



Jnno 9. 
June 9. 
Jane 9. 
Jonc 9. 



May IS. 



May 18. 
May IH. 
May 18. 
May 2U. 



Judo 12. 



Juno 27. 
June 27. 



May 22. 
May 22. 
May 22. 

May 26. 



May 27. 
June 10. 



May 29. 



May 29. 
May 29. 



May 29. 



May 25. 
May 25. 
May 25. 
May 25. 
May 2«. 
May 2rt. 
June lu. 



May 22. 
May 2.5. 
May 25. 



June 16. 
June 16. 
Jane 16. 



May 30. 



May 30. 
May 30. 



May 13. 
May 16. 
May 26. 
May 26. 
May 15. 
May 22. 
May 15. 
May 15. 
May 15. 
May 15. 
May 15. 
May 16. 
May 22. 
May Hi. 
May 16. 
May 22. 
May 15. 
Hay 19. 



WiLtiAM L. Crank Teotifled to character of Lewin F. Bates 

Daniel H. Witcox '" " |' — 

JrLES SOULE 

MAJoa T. T. EcKEBT !'• F. Bates brought to Washington by order of Sec'y of War 

PLOT TO DESTROY VESSELS, BUILDINGS, Etc. 

Rev. \y. II. Rydee Letter from V>'. S. Oldham to Jeff. Davis; proposition for 

general de«truction of public and private United States 
property; indorsed by Davin 

John Potts Identified handwriting of Jefferson Davis 

JoHiiUA T. Owen".""'.!!.'.'."!'.'..'.*.'.'..' As to Professor McCuUough, referred to in the above letter... 

General Alexander J. Hamilton As to W. S. Oldham, writer of the above letter 



PAOB 

47 
47 
47 
47 



BURNIKG OF STEAMBOATS, Etc. 

Jurning of U. S. transports, _ . 

the same, by J. V. Benjamin, in Confederate gold 



Edward Frazier Burning of U. S_. transports, bridges, etc., and payment for 



Gener.vl T. D. Townsend. 



CITY POINT EXPLOSION. 
, Paper signed "John Maxwell," detailing particnlars of 



torpedo explosion. 



MILLION DOLLARS FOR ASSASSINATION. 

John Cantlin G. W. Gayle wants one million dollars for assassination pur- 
puses 

W. D. Graves identified the handwriting of G. W. Gayle 



Coi.onkl R. B. Treat 
BIajok T. T. Eckekt., 
Frederick U. IIall.. 



PAPERS FROM THE REBEL ARCUIYES. 

Proposal "to rid the country of some of her deadliest cne- 
inies;" referred, by direction of the "President," to the 



Secretary of War; from the archives of the rebel War 
Department ; surn-ndered by General Joseph E. Johnston 

^ to 'lajor-CJeneral Schofield 

Lewis W. Chamberlayne Identified the handwriting of B. W. Harrison, Private Secre- 
tary to Davis, and J. A. Campbell, rebel Assistant Secre- 
tary of War 4 

COMMISSIONS FOR RAIDERS. 

George F. Edmitnds Confederate commissions granted to raiders 

Henry G. Edson Threatened raids from Canada on Buffalo, Detroit, New 

York, etc 

PLOT TO BURN NEW YORK CITY. 

Colonel Martin Bubke Confession of Robert C. Kennedy 

INTRODUCTION OF PESTILENCE. 

Godfrey Joseph Hyams Employed bv Dr. Blackburn; details of operations 

W. L. Wall Received and sold five trunks of infected clothing in \\ ash- 

tiL'ton 

forwarded statement of account 



ngton 

A. Brenner Clerk to Wall A: Co 



STARVATION OF UNION PRISONERS. 



Salome Marsh At Libby Prison 

Frederk'k Memmekt At Liliby I'rison 

Benja-MIN Sweeker At Belle Island 

William Ball At Andersonville 

Charles Sweenay At Libby, Belle Island, and Andersonville.... 

.Iambs Youso At Andersonville, Charleston, and Florence. 

Lieutenant J. L. Ripple .\t Andersonville 



MINING OF LIBBY PRISON. 

Lieutenant Reuben Bartley Torpedo buried under the center of the prison 

EiiASTUS W. Ross Placed there by order of the rebel Secretary of War 

John Latouche Miijor Turner to fire it if U. S. troops came to Richmond 

THE BEN. WOOD DRAFT. 

DANisl^i. Eastwood Draft for S25,()O0 from Jacob Thompson's rebel funds 

George Wilkes Identified the indorsement of Bi'iyamin A\ ood, of New York. 

Abram D. Russel Identified the handwriting of Benjamin Wood - 

DEFENSE. 

Edward Johnson Discission on the admission of the testimony of Johnson; 

impeaching the testimony of 11. Von Steinacker 

Oscar Heinrichb Impeaching the testimony of U. Von Steinacker 

U.K.Douglas " " " " 

CIPHER LETTER •' NUMBER FIVE." 
Discussion On rejecting cipher letter " Number Five" 



ASSASSINATION AND ATTENDING CIRCUMSTANCES. 

Rohert R. Jones Clerk at the Kirkwood House; Booth's card left 

William A. Browni.vo Identified the card left by J. \Vilkes Booth 

CiiAKLES Dawson Identified the handwriting of Booth 

Thomas L. Gardiner Sale of one-eyed horse to Booth 

BiiooK Stadi.er Of Howard's stable; kept Surratt s horses 

William E. Cleaver Kept stable; one-eyed horse sold to Arnold... 

James W. Pumphrev Kept stable; hired hor.se to Booth on the Uth. ........... 

I'etkr Taltavui Kt'pt ri'stiiurant; Booth and llcrold there on the Uth 

t<EROhLANT Dye In front of tluater on night of the 14th... 

John E. Buckingham Door-keeper at I'ord's on night of the 14th 



John v. Sleichmann. .!!!!.!!!!!!!!!!!!!!!!!.!! An»istant pror«'rty man ; at theater on night of the Uth. 
Joseph Burroughs— ' Peanuts" Held Bootli's horsu in the alley on night of Uth 



llccallci Booth rt stable in rear ol theater...,. 

Mary Ann Turner Lived in r'^ar of thi'utcr; saw Booth and Spangler on 14tn. 

Mary !Jane Andkuson " " '..,,, ^ .^l 

James L. Maddox Property man at Ford s; rented stable for- Booth 

James P. Ferguson At theater on night of assa-ssiuation 

James J. UirroRD Stage carpenter j present on uigut of the Uth 



TABLE OF CONTENTS. 



Vll 



Captain Theo. McGowan Prespnt at thpater on night of the 14th 

Major H. R. Rathbone In President's box on the Uth ; stabbed by Booth 

William Withers, Jr Leader of orchestra; onstage; struck at by Booth 

Joseph B. Stewart At theater on the Uth; pursued Booth ' 

Joe SIMMS On tlie stage on night of the assassination 

Recalled Fitted up President's box on afternoon of the 14th 

John Miles Ontlie stage on night of the assassination 

Dr. Robert K. Stone Attended tlie President after tlie assassination 

William T. Kent Found the pistol in the President's box 

Isaac Jaquette Found the wooden bar in the President's box 

Judge A. B. Olin Visited theater on the lijth ; examined President's box, etc.... 

David C. Reed Sa^v John H. Surratt in Washington on the Hth 

J. F. Ojtle Statement by Booth, said to have been left for publication in 

the National Intelligencer ; 



PljRSUIT AND CAPTURE OF BOOTH AND HEROLD. 



John Fletcher Hired a horse to Hcrold; went in pursuit 

Sergeant Silas T. Cobb On duty at Navy Yard bridge ; stopped Booth and Herold 

Polk Gardiner Met Booth and Herold on the night of the 14th 

John M. Lloyd Mrs. Surratt's visits to Surrattsville; Booth and Herold 

there on the niglit of the assassination 

HecaUed. 



Lieutenant Alexander Lovett At Dr. Mudd's on 18th and 21st of April 

Lieutenant D. 1). Dana " " " ^' 

William Williams " " " " 

Simon Gavacan " " " " 

Joshua Lloyd " " " " 

Willie S. Jett Met Booth and Herold at the Rappahannock on the 24th. 

EvERTON J. Conger At Garrett's barn ; Booth's death; capture of Herold 

Sergeant Boston Corbett " " " " " " 

Captain Edward P. Doherty " " " " " " 

Surgeon-General J. K. Barnes Identification of Booth's body 

C D. Hess Manager of Grover's Theater ; Booth's inauiries 



DEFENSE OF DAVID E. HEROLD. 

Captain Eli D. Edmonds Herold in Washington on the 20th and 21st of February. 

Francis S. Walsh Character of Herold; employed him as clerk 

James Nokes Character of Herold 

William H. Keilotz Herold at liome in February 

Emma Herold Herold in Washington on the loth and I9th February 

Mrs. Mary Jenkins Herold in Washington on the isth February , 

Mrs. Elizabeth Potts Herold in Washington on the 19th and 20th February 

Dr. Charles W. Davis ('haracter of Herold light and trifling 

Db. Samuel A. H. McKim Character of Herold 



EDWARD SPANGLER. 

Jacob Rittersp.vugh Lodged at the same boarding-house as Spangler 

Recalled At theater on the Hth ; first to pursue Booth 

William Eaton Arrested Spangler at his boarding-house 

Charles H. Rosch Found rope in Spangler's carpet-bag 

John E. Buckingham Door-keeper at Ford's Theater 

John F. Sleichmann Assistant property man; at theater on the Uth 

Joseph Burroughs— " Peanuts " Received Booth's horse from Spangler on the night of Uth. 

Recalled Saw Booth and Spangler on tlie night of 14th 

Mary Ann Turner Saw Booth and Spangler on the night of Uth 

Mary Jane Anderson Saw Booth and Spangler on the night of Uth 

James L. Maddox Propertymau; rented stable for Booth 

Joseph B. Stewart Present at the theater; pursued Booth ; saw Spangler 

Joe SIMMS On the stage on the night of the assassination 

Recalled Fitted up the President's box with Spangler 

John Miles On the stage on the night of the assassination 



DEFENSE OF EDWARD SPANGLER. 

C. D. Hess Manager of Grover's Theater ; Booth's inquiries 

H. Clay Ford Treasurer at Ford's Theater; decorated President's box 

James R. FOBD Business manager of Ford's Theater; present when the 

President's messenger engaged the box 

John T. Ford Proprietor of Ford's Theater; Spangler's duties on the 

night of the Uth; Booth's characteristics 

Recalled Character of Edward Spangler 

Joseph S. Sessford Ticket-seller; no private boxes sold on the Uth 

William Withers, Jr Saw Booth rush through the door from the stage 

Henry M. James Position of Spangler on the stage on the 14th 

J. L. Deisonay Saw Spangler at liis post at the time of assassination 

Recalled Descrilied Booth's exit from the stage 

William R. Smith Saw Booth's exit ; pursued by Mr. Stewart 

J. P. Ferguson Saw Booth's e.xit; pursued by Mr. Stewart 

James Lamd ITse of rope found in Spangler's bag 

Jacob Ritterspauoh Spangler's remarks at the time of assassination 

J.vmks Lamb (recalled) Ritterspaugli s v<-i-siiin of Spangler's remarks 

Louis J. Garland Respecting Kiitirfpaugh and Spangler alter the assassination 

James J. Gifford Ritter.ipiuigli'.s Htatrmrnt; use of Spangler's rope 

Thomas J. Rayuold The locks on the b>>xes; Booth's occupying box at the 

theater; arrangement of box on the Uth 

Recalled Condition of the keepers on boxes 7 and 8 

Henry E. BIerrick Engaging box No. 7 

James O'Brien T'sher at Ford's Theater 

JoSKPH P. K. Plant Examination of keepers on boxes 7 and 8 

G. W. Bunker Gimlet in Booth's trunk 

Charles A. Boigi Boarded at the same house as Spangler 

John Goentusk Boarded with Spangler 



▼ni 



TABLE OF COXTEyrS. 



Mar 13. 
lUrU. 

Mar Id. 
Marl». 
Mar Ij. 
Mara. 

3«arlT. 
Mar W- 

Maris. 
Mar ly- 

Maris. 

Junes. 



Mars. 
Mari^ 

JnnelX 
MarS^ 
Mar 36. 
Mars. 
Mar a&. 
Mars. 
Mara>L 

Jane 3. 

Jane 13. 
Mar 30. 
Jane 7. 
Jane 13. 
Jane 2. 
Jane U. 
Jnn? 7. 
Jun-T. 
Jane 5. 

Jane 7. 

Mar 23. 
Jane 9. 
Xars. 

Mar 25. 
May 27. 
Jane 3. 
May 25. 
May 25. 
Mar 25. 
May 26. 
Mar2fi. 
May 26. 
Jane L3. 
Jane 13. 
June 13. 
Jane 13. 
Jane 3. 



Joaer. 
Jane 7. 
Jane 7. 
Jwier. 
Jane 7. 

JnaeT. 
Jane 7. 
JuieZ. 

Jane 2. 
Janes. 
Jasei. 
Janes. 



■aris^ 

Mar 13. 

Maris. 
Mar 27. 
Mar 17. 
Marl*. 
Mar 17. 

Maris. 
Mar 14. 
Mars. 
Mar». 
Mar». 
Mar 17. 
Mar 17. 
fmmai. 
»8. 



MES. MARY E. SURRATT. 



Jobs M. Lu>t9 

RecaOed 

Lorn J. WucHXjjT!! 

BteaBed _ 

BeealUd _ _ 

A. R. Bextks _ 

Miis Hoso&A. FiTtrATaicx. 

>fs.?. TjntK '"> iFLr t 

Ml ■■ "■ ^strra _ 

P. _ -. 

V 7>SIKCH „ 

Li. .- - ax W. DESiparr.. 



.„ Mrs. Sarratt at Sarrattarille on Uth and Uth March.»..._.„ 

. rGMieral conspiracy -. complicity of Mr^ Surratt, ifooth, 
.■< John H. Sarratt. Atzer'xic, Madd, Herold, Payne; ricit to 

. (. Canada after the a«*Ai- - i:i r. _ 

,_ Identified telegram : .-imann 

_. Rxah, Payne, and ' - :rratt"«....__ . 

_ Mrs. Sarratt at Su: yd 

_ Arrest of Mrs. Surrai'. i'_ i :imi;y . i arne"s arrest _ „. 

_. Arrest (rf Payne ; searcij of Mrs. sorratt's houae _ 

„ Photo^raplta of rebel chiefs ; Booth's portrait concealed „ 

„ Identined the photograph of Booth „ „ _. 



DEFENSE OF MRS. MART E. SFRRATT. 



GmomBM OovrnrsHAX.. 



Mas. Ekxa OnxTT 

Gsoaex H. Clltexi 

BeeaUed _ 

BEtsrrr F. Gwtjts 

BecaOed , 

3-->ms XoTHiT 

J06EI>H T. >'OTT 

BecaOed 

AXOKiTV TLij-tssajsi 

J. Z. Jkstkucs. 

BeoaOed _ 

BiCHARD S»XZ3rET _. 

Jaxes Lcsbt 

J. V. PllXS 

J. C. TH0XPS-3S 

D*. J. H. BLASToan 

WlLilAH p. Wo>J0 

MisS AjrsA E. StntaAiT. 
BtcaUed 



Misa HosoBA Fttzpatrick . 

BecaUed 

5LR3. ytTTt HOLAHJLS 



Llord's statement after his arrest . — „. 

ConTersation with Mr. Aiken i.coansel} as to Llord's confes- 
sion 

Correction of testimonr giTen for the pro«ecation..._ 

Ideatifled his hwrincia letter to Mn. Sarratt- 



Bft-^ivM frr,m Mrs SoTratt a Ictttf for Mr. Xother.- 



raoney on pnrchase of land 

Lloyd in liquor on the Uth .. 

-ruL-ot respecting John H. Sarratt. 

rn Lloyd was arrested , 

. : 7 and Irindnffia to Union soldiers.. 

"i ioyalty „ , 

-i with him on the Uth 

unkon the Uth „ „....„.. 

.' loyalty of J. Z. Jenkins _ -_... 



Booth, Atserodt, Payne, at Mrs. Snrratt's; owns photo- 
graphs _ - 

Owns card with the motto "5»c- semper t\>ranKu;^^ pboto- 

er-irh- f r-r'-'i :h;-:"i a =r.!': r'rom her father „ 

.' - : ■'■ith Miss Sarratt _ 



Geo&^e B. 'W.mbs 

ArGCSTTTS S. HOWEIX 

MiiS AxsA Wian „ 

Bet. B. y. Wmet _ 

Ret. Ffiixas E. Botle 

BxT. Chabxxs H. StosxantEET., 

Bet. PETza Laxthax 

Ret. X. D. TotTtG „ - 

Willi AX L. Horu; 

Joax T. n-.XTox _..„ 

WnxiAjf W. HoxTOX 

Bachxx Sexcs ~™ 

HxxsT Hawkets 

Datid C. Bxxs. 



i-i"4tj, and Booth at Mrs. 
■ -at defective 



: - to Richmond.. 

i.i---- _. ..;. .i .. _ - — . .-_.-...:;; eyesight 

Mjts. SorT^tt's general character and loyalty 



Character of Mrs. Sarratt; J. Z. Jenkins: W. A. Erans. 

C'uaracter of Mrs. Surratt; loyalty of J. 2. Jenkins , 

Character of Mrs. Sarratt; ■i'^fective eyesight 

Mrs. Snrratt's kindness: feeding Government horses _, 

John H. Sarratt in Washingtoo on the Uth of April 



JOHJt BTAjr 

F»A!rK Sttth 

Jaxxs p. Vooe 

P. T. RansTvbi) 

JOH> T. HOLAHAJf.. 



Jajixs McDetitt 

.\jrDEEW Kallexbacb. 
E, L. Sxo>>T - 



TESTIMOT ES REBUTTAL. 
_. Character of Louis J. Weichmann — 



A. T. R-iBT „ „ 

DoauT B. B.7BT -,. 

WlIilAJI A. ETA.V3 

JOHS L. TH0XP905 



Booth, Parne, Atserodt at Mrs. Surratt's; went to Canada 

with L. J. W eiohmann to identify John H. Sarratt 

Accompanied L. J. Weichmann to Canada _ 

„ Jenkins threatened if he testified a^inst him 

..„„. Disloyalty of Jenkins; Joseph T. Nott said John H. Sarratt 
knew ail about the murder _ _ „ 

Disloyalty of J. Z. Jenkins _ — 



Disloyaltr of Mrs. Surratt. 



GEORGE A. ATZERODT. 



BovKKT B. Joans _ — 

JoKS Lm _ — 

LTMA.t S. SPSAGCE..- _ 

OiLM^L W. R. >'ETI3tS 

\X UISCOB „.... 

J -ALT 

L^ r;B."Kiuii"""'J 

J L 

W ■. r.EXlx , 

Ma2jha:. J AMU L. McPbaiIp. 

HrsEKiAH Meti 

Sra^EAST L. W. Gexxill 

Maacra P. >'oaios 

Bi»emUtd. 



Atierodt at Kirkwood House on the Uth .\pril 

Contents of .\tz«rr'>lt's room at the Kirkwood House 

Went to .\tier3dt's room with John Lee 

Atzero>lt inquire.l rvJiT" tin; Vi-.--Presiilent Johnson 

Uire.l horse to At? -th April 

I>-:.ir.^.i to sl-pp w.- t of the Uth „ 

.\tz-r.>U at Pan : : of Uth ™ 

Atz. ro.it at Penn. I. . -:.t of Uth _ 

K. .•ni''d with .Mier."i: .i: ;:.• Ptun. House 

L.jan.'d Wir.Todl $10 on his ri^tol — _«-. 

^ i-jr \- r- T -its knife pickr<l up . 

1 where he thr'-w away his knife 

: the asaajsiuation of General Grant 

;.-rodt at the house of Bicbter 

.\i*-'i'j-ji ^u-1 O'Langblin with Booth at National Hotel. 
ConTcnation between Booth and Atzerodt 



» 
W 
113 

lis 

130 
130 
121 
121 
131 
US 
133 
IM 
124 



IS 
13» 
IS 
IS 
IS 
IS 
IS 
IS 
127 
127 
127 
IS 
129 
19 
129 
130 
130 
130 

130 

133 

la 

133 

la 

133 
133 
133 
IS 
136 
IS 
IS 
IS 
IS 
137 
137 
137 



138 
13S 
130 
139 

130 
MO 

UI 

141 
142 
143 
143 
143 



144 
144 
144 
144 

14; 

U) 
14 

i"7 

iti 
14S 
1 149 

"? 

149 

ly 



TABLE OF CONTEXTS. 



IZ 

tASX 



DEFENSE OF GEORGE A. ATZERODT. 

May 30. | Captais Fbaxk Mokboe Atzerodt in hU charge on board the monitor „... 

Discrssios On admitting Atzerodt's confession in his defense 

Matihew J. Pope Atzerodt went to his stable to sell a horse 

John H. Barb „ Met Atzerodt at Pope's restaurant 

James Kelleheb Atzerodt hired a small bar mare on 14th April 

!?AMrEl. ;>MiTn..' Bay mare returned to stable about 11 o'clock 

Leoakd J. Fabwixl At 31r. Johnson's room on nieht of 14th 

Mis- Ja>e Heeold Does not recognize articles found at Kirtwood House 

F. H. IioOLET Articles found at Kirkwood House 

SoiiEBSEl Leamax Atzerodt at house of Metz on Sunday, 16th April 

James E. Le.\jcan' Talk about assassination of Lincoln. Seward, and Grant. 

Haetjiax Kichteb Atzerodt at his house from Sunday till Thursday 

Samitel McAllistee Identified Atzerodt's pistol; Atzerodt's cowardice 

Alexaxdee Beawxee Atzerodt's notorious cowardice 

Louis B. Haekixs Atzerodt's good nature ; lacking in courage 

Washixstox Beiscoe Atzerodt remarkable for his cowardice 



LEWIS PAYNE. 

31es. Mabtha Mttebat Payne at Herndon House up to April 14th „ 

WiiLiAJi H. Bell At Mr. Seward's house on night of 14th; identified Payne at 

General Augur's head -quarters 

BecaUed Identified the clothes wurn by Payne „ 

Sebgeaxt Geobse F. Kobixsox Attacked in S-^cretary Seward's room; struggle with Payne; 

identified hat and revolver picked up in the bed-room 

BecaUed Identified Payne in the clothes worn on the iHth 

Majok AcGtTSTUS H. Sewabd Struggle with Payne in Mr. Seward's bed-room; Frederick 

Seward wounded ; identified Payne, and hat left by him 

Subgeox-Gesebal J. K. Babxes Description of the wounds of Mr. Seward, and of Mr. Fred- 
erick Seward 

Db. T. S. Teedi Saw Mr. Seward, 31r. Frederick Seward. Major Seward, 

Sergeant Robinson, and Mr. Hansell after Payne's attack... 

KoBEBT Xelsox Identified the knife found near Mr. Seward's house 

I)u. JoHX Wilsox Identified the knife found by Kobert Nelson 

Thomas Pbice Identified blood-stained coat found near Washington 

Colonel H. H. Wells Identified the clothing and boots taken from Payne 

Chables H. Eosch Identified articles taken from Payne when arrested 

Spexcee M. Clabk Discovered the ink-mark on the boots worn bv Payne to be 

J. W. Booth _ 

Edwaed Jobdax Found the ink-mark to be J. W. Booth „ 

Stephen' Mabsh Had no doubt the name was J. W. Booth 

LiEUTEXAXT JoHX B. ToFrET Found the oue-eyed horse on morning of the 15th 

Becalled Identified the horse at the GoTernment stables 

DEFENSE OF LEWIS PAYNE. 

Hiss Mabgabet B&assok Payne attentive to the sick after the battle of Gettysburg; 

boarded at her mother's house: discussion on introduction 
of testimony showing Payne's ins;inity 

Mabgabet Kaighx Payne's conduct at Mrs. Branson's 

Db. Chables H. Nichols Causes and indications of insanity, moral and mental 

Db. James C. Hall Examined Payne with regard to his insanity 

John B. Hvbbabd Payne's conversation since his imprisonment 

■JoHX E. KoBEBTS Pavne desired to die „ 

CoLOXEL W. H. H. McCau. Payne's physical condition 

Mbs. Lrcv Axx Gbaxt Saw the aflray in which Payne saved the lives of Union sol- 
diers; knew him as Lieutenant Powell 

JoHx Gbaxt ~... Corroborated his wife's statement _ _„....„ 



IN REBUTTAL. 

SrEOEox-GEx-EBAL J. K. Babxes Examined Payne with reference to hls iDsanity , 

Dr. James C. Hall " " " " 

Dh. BA«tL MOBEIS " " " *' 

ASSISTAXT-Sl"BGEOX GEOBGE L. POETEB " ** " " 



SAMUEL A. MUDD. 

CoLON"EL H. H. 'ff gT.Ti» ,, Dr. Samuel A. Mudd's statement after his arrest 

Mabt SIMMS „ Lived at Dr. Mudd's; rebels hiding in woods „ 

Elzee Eglent Threats of sending him to Kichmoiul ; rebels hiding 

Stlvxstee Eglext Threats of sending him and four other slaves to Bichmoud to 

build batteries _ „ «.. 

Meltixa Washixgtos Dr. Mudd's talk of President Lincoln; sheltering rebels 

MiLO StMMS Sheltering reb.'ls; took charge of John Surratts horse 

Rachel Spexcee _. „ Rebels in the pines; fe<l by Dr. Mudd — 

W1LL1.01 Mabshajll Conversation between Benjamin Gardiner and Dr. Mudd 

Daxiel J. Thomas President, Cabinet, etc., to be kille^l 

Becalled ^ Did not ask for certificate entitling him to the re^*rd for the 

arrest of Dr. Mudd 

WniiAM A. Etans „^ Saw Mudd in Wiishington on the 1st or 2d of March; saw 

him entering Mrs. Surratt's house 

JoHX H. Wabd Heard of the assassination at Bryantown, at one or two 

o'clock on th" l.'ith; Bo.>tli the assassin 

Fbaxk Blotce Saw Dr. Mudd in Bryantown ou the afternoon of the IMii.... 

Mrs. Eleanob Blotce Saw Dr. Mudd and gentleman riding into Bryantown o« the 

l-Sth; assa-isination known there that afterno',>n 

Mbs. BeCKT Bbiscoe Saw Dr. Mudd and strange gentleman on roa<i to Bryan- 
town: gentleman returned; Dr. Mudd went on tovilLige... 
Mabcus p. Xobtox At Xational Hotel ou the 3d March; Dr. Mudd entered his 

room, inquiring for Booth 



TABLE OF CONTENTS 



DEFENSE OF DR. SAMUEL A. MUDD. 

JoHX C. Thompson Booth at Pr. Queen'd, in November, wanting to buy lands; 

introduced him to Dr. S. A. Mudd 

Db. William T. Bowman Booth at Brymitown, wtintine to buy land and horsps 

Jebemiah Dyeb Sheltered in the pines, in 18(il ; reputation of J. Z. Jenkins; 

character of Dr. Mudd , 

liecaUed Knew ,1. H. Surra tt 

Recalled Went to Uiilimond to avoid arrest; took the oath of alio- 

Kiance on hi« return from Virginia 

Alvin J. Brook Knew of p<Tsons in the pines in 1^1 

Fbank Washington Saw no one in tlic woodn last year; characterof Mary Simms; 

Mudd'8 treatment of hin servants 

Baptist Washington No one slept in the woods last year 

Mks. .Maby Jane Simms Neither of the (iwynns in the woods last year 

Bennett F. Gwynn Reason for hiding in the pines. 



William A. Mudd No one hiding in the woods last year 

Cii.vkles Bloyce Saw no rebel soldiers at Dr. Mudd"s; what the colored folks 

think "f .Xarv and Milo Simms 

John H. Downing Conversation between Dr. Mudd and D.J. Thomas 

Db. John C. Thomas Mental and physical condition of D. J. Thomas 

James W. Richards Thomas asked for a certificate 

William J. Watson Conversation about the certificate for Thomas 

John C. Holland Received no letter from Thomas in reference to Dr. Mudd's 

treasonable talk 

Richard Edward Skinner Thomas's reputation for veracity ; bis loyalty 

John \,. Turner Thomas's reputation; reputation of Dr. Mudd 

Polk Deakins Reputation of D. J. Thomas for veracity and loyiUty 

Jeremiah T. Mudd " " " '* " 

Lemuel L. Orme " " " " " 

John H. Baden " " " *' " 

Kli J. Watson " " " " " 

Joshua S. Naylok " " " " " 

John Watf.ks Reputation of Dr. Mudd 

Daniel W. Hawkins " " " 

Joseph Waters " *' " 

Frank Ward " " " 



DR. MUDD IN WASHINGTON DECEMBER 23, 1864. 

Jebemiah T. Mudd In Washington with Dr. Mudd; his character; saw Booth 

at church at Bryantown in November or December; Dis- 
cussion on the admission of testimony ; Dr. Mudd's loyalty. 
Recalled Identified Dr. Mudd's handwriting 

J. H. Montgomery Mudd asked him to bring a stove from Washington 

Francis Lucas " " " " " 

Samuel McAllister Examined the Penn. House register for Dr. Mudd's name.... 

Julia Ann Bloyce Never saw John H. Surratt or rebel soldiers at Dr. Mudd's; 

characterof Maiy and Milo Simms 



DR. MUDD'S WHEREABOUTS FROM 1st TO 5th MARCH. 

Fannie Mudd Dr. Mudd at home; throe men slept in the pipes in 1861; 

have seen none there since 

Mrs. Emily Mudd Dr. Mudd attended his sick sister; never saw Surratt or 

Confederate soldiers at Dr. Mudd's 

Betty Washington Dr. Mudd at home; character of Mary Simms 

Frank Washington " " " " " 

John F.Davis Dr. Mudd home on the 3d of March 

Thomas Davis Dr. Mudd attended him in March 

Henry L. Mudd, Jb Saw Dr. Itludd daily from 2d to 5th March ; Dr. Mudd bad no 

carriage 

Dr. J. H. Blanford Saw Dr. Mudd 5th March ; Mudd's father's carriage 

MiS8 Mary Mudd Dr. Mudd at home 1st to 5th; never saw Confederate soldiers 

at Dr. Mudd's place 

DR. MUDD IN WASHINGTON MARCH 23d. 

Thomas L. Gardiner Accompanied Dr. Mudd to Washington... 

Dr. Charles Allen Dr. Mud<l spent the evening at his office 

Henry A. Clark Dr. Mudd took tea with him; afterward called on Dr. Allen. 

AT GIESBORO APRIL 11th. 

Henry L. Mudd, Jb Went with Dr. Mudd ; ownership of Dr. Mudd's farm 

Robert F. Martin At his house ;;3d March ; airain in April 

Recalled At his house on Uth .\pril ; saw Dr. JIudd in Washington 

December 24 

Discussion On Dr. Mudd's object in visiting Washington 

Db. J. H. Blanford With Dr. Mudd Uth April -. 

DR. MUDD'S ABSENCE FROM HOME. 

Thomas Davis Dr. Mudd from home three nights since January 9th; two 

strange men at Dr. Mudd's I'lth April 

Betty Washington Dr. Jludd absent only three nights since Christmas 

AT BRYANTOWN APRIL 15th AND IC.th. 

George Booz Saw Dr. Mudd return in the afternoon 

UecalUd Saw no one with Dr. .Mudd 

Susan StkwaBt SawG.'oige Hooz nieit Dr. Mudd 

Primus Johnson Saw Dr. Mudd on his way to Bryantown; man followed 

him; man returind alone 

Leonard S. Robt Heard of assassination on Saturday afternoon ; learned from 

Dr. (ieorge Mudd who the assassin was; reputation of 

I'hoinas 

Db. Joseph Blanford Brvantown road as seen from Booz's housu 

E. D. R. Bean Mudd in his store on the l.'ith 

John Acton Saw Dr. Mudd on his way to Bryantown followed by a man; 

the man returned alone 

Mason L. McPhbbson Heard of assassination on Saturday ; reputation of Thomas. 

John McPherson Heard of assassination on Saturday; reputation of Dr. Geo. 

Mudd, 1). J. Thomas, and Dr. Samuel A. Mudd 

Peteb Tbotteb .Assassination rumors; reputation of Thomas, etc 

John I. Lanulk.y Heanl of assassination on Saturday from soldiers 

Makcellus Gardiner Assassination known, but not the name of the assasaiu 

Discussion Dr. Mudd's declaration coucurning the assassination 



TABLE OF CONTENTS. 



XI 



Dr. Geokge D. Mudd Keputation of Dr. S. A. Mudd as a citizen aud as a master; 

his loyalty; reputation of I). J. Tliomas 

Recalled Dr. S. A. Mudd's statements to him 

BenjaMiN Gardiner Saw Dr. Sludd at cliurch on Sunday 

Discussion On the admission of Dr. Bludd's statements 

Recalled Dr. Mudd's statements about the assassination 

Daniel E. Monroe Kuinor that Edwin Booth was the assassin; reputation of 

D. J. Thomas 

John F. Davis At Dr. Mudd's on Tuesday after assassination 

John F. Hardy Officers at Dr. Mudd's on Friday 

Jane Hei:old Did not linow Dr. Mudd 

Mrs. Mary E. Nelson Never heard Dr. Mudd's name mentioned 

Kev. Charles H. Stonestreet Dr. S. A. Mudd at coUeee 

li. A. GouitiGHT Assassin not positively known on the loth 

James Judson Jarboe Did not know Dr. Mudd; never at Mrs. Surratt's house; 

loyalty of witness ; discussion, etc 

Henry Burden Keputation of Marcus P. Norton 

D. W. Middleton Mr. Norton in the Supreme Court 3d March 

Judge A. B. Oun Reputation of Marcus P.Norton 

Agreement Between the Judge Advocate and Mr. Ewing as to the testi- 
mony of John F. Watson, John K. Richardson, Thomas B. 
Smith 



TESTIMONY IN REBUTTAL. 

John F. Hardy Conversation with Dr. Mudd on Saturday evening., 

Francis R. Farrell Conversation with Dr. Mudd on Saturday evening. 

Jacob Shavor Reputation of Marcus P. Norton 

Willis Hamiston " " " , 

Hon. Horatio King " " " 

M'illiam Wheeleb " " " 

Silas H. Hodges '* " " 



MICHAEL O'LAUGHLIN. 

William Wallace The arrest of Michael O'Laughlin 

Marshal James L. McPhail O'Laughlin in the rebel service 

Mrs. Mary "Van Tine Intimacy between Booth, O'Laughlin, and Arnold 

Billy Williams Correspondence between Booth, O'Laughlin, and Arnold 

John Hapman Telegram from Booth to O'Laughlin 

Edward C. Stewart Another dispatch from Booth to O'Laughlin 

Samuel Streett Booth and O'Laughlin in confidential talk 

Bernard T. Early In Washington with O'Laughlin on the 13th and 14th of 

April; O'Laughlin went to see Booth 

James B. Henderson O'Laughlin visited Booth on the 14th 

David Stanton O'Laughlin at the house of Sec'y of War on night of 13th 

Major Kilburn Knox " " " " ' " 

John C. Hatter " " " " " " 

Marcus P. Norton Saw Atzerodt and O'Laughlin with Booth at National 



DEFENSE OF MICHAEL O'LAUGHLIN. 

Bernard J. Early Came to Washington with O'Laughlin on 13th and 14th 

Edward Murphy " " " " " " 

Recalled O'Laughlin going to surrender himself 

James B. Henderson With O'Laughlin on the l.'Jth and 14th 

Daniel Loughean With O'Laughlin on the 13th 

George Gkillet " " " 

Henry E. Purdy O'Laughlin at his house at time of assassination 

John H. Fuller O'Laughlin slept with him on night of assassination 

John R. Giles O'Laughlin at Penn. House on night of 14th 

P. H. Maulsby Booth and O'Laughlin schoolmates; O'Laughlin surrendered 

himself 



SAMUEL ARNOLD. 

Eaton G. HORNEB Arrest of Arnold; discussion on admission of Arnold's 

staten^ent with regard to arms ; meeting of conspirators 
to abuuct the President 

Voltaire Randall Contents of Arnold's carpet-sack „ 

Lieut. William H. Tebey Letter signed "Sam" found in Booth's trunk 

William McI'hail Identified the writing of the letter as Arnold's 

George R. Magee Discussion on admission of testimony as to Arnold being in 

the rebel service 

James L. McPhail Identified Arnold's handwriting 

Littleton P. D. Newman Arnold received suspicious money letter 

DEFENSE OF SAMUEL ARNOLD. 

William S. Arnold Whereabouts of Arnold March 2l8t to April Ist 

Frank Arnold Arnold went to Fortress Monroe April Ist 

Jacob Smith Saw Arnold daily from aith to 30th March 

Charles B.Hall Arnold employed as book-keeper 

George Craio At Mr. Wharton's store with Arnold 

Minnie Pole Saw Arnold in Baltimore March 20th, 27th, and 2Sth 

Eaton G. Hornee Arnold's confession at Fortress Monroe 

John W. Wharton Employed Arnold as clerk at time of his arrest 

Discussion On the daily reading of the record 

" On Mr. Aiken's proposal to offer in evidence an aflidavit of 

John McCuUough, contradicting a statement made by 

Louis J. Weichmann 

Mr. Ewing offered in evidence a copy of General Orders No. 26, defining the Department of Wash- 
ington : 



xu 



TABLE OF CONTENTS. 



PAOB 

June f». A tcleRrapliic dispatch from John McCuIloueh offered in evidence by Mr. Swing 213 

June 8. Proclaniiition of the I'rcsirlent, dated September 25, lst">2, with accompanying certificate of the Secre- 
tary of War, dated Muv ao, 1S(J5, offered in evidence by tlie Judge Advocate 243 

Junes. A copy of General Orders No. UK), Adjutant-General's Office, Washington, April 24, 1863, offered in 

evidence by the Judt'e Advocate 243 

June 12. Extract from tlie Journal of the Senate of the United States of I3th February, 1861, showing the 

election of Abraham Lincoln and Hannibal Hamlin as President and Vice-President; and from 

tlio Journal of 8th February, 18i)5, showing the election of Abraham Lincoln and Andrew Johnson 244 

Jane 12. Bbigadieu-Gknf.rai, K. D. Townsend— Abraham Lincoln acted as President and Hannibal Ilamlu 

as Vice-President of the United States for four years preceding March 4, 1865; Andrew Johnson 

acted as Vice-l'rcsiil. nt until the death of Abraham Lincoln M4 

June 12. Certified copy of the natli of office of Andrew Johnson as President of the United States 244 

June 12. '■ Copy of the resolution of ttie Senate appointing William H. Seward Secretary of State of the United 

States 2*4 

June 12. Copy of William H. Seward's commission as Secretary of State of the United States 244 

June 14. BiscuBsion on the charges against the accused 244 

Juue30, Finding and sentence of David E. Herold 247 

" " " Ueohge a. Atzebodt 248 

" " " Lewis Payne 248 

" " " Mrs. Mary E. Surratt 248 

" " " Michael O'Laughlin 248 

" " " Edward Spanuleb 248 

" *' " Samuel Arnold 249 

" " " Samiel a. Mudd 249 

President's approval of the findings and sentences 249 

Modification of the sentences of Mudd, Spangler, Arnold, and O'Laughlin 249 

Application for Writ of Habeas Corpus 2iO 

Argument on Jurisdiction by Hon. Reverdy Johnson 251 

" " by Hon. Thomas Ewing, jr 264 

Argument in defense of David E. Herold 268 

" " Edward Spanoleu 276 

" " Mrs. Mary E. Suubatt 289 

" " George A. Atzerodt 300 

" " Lewis Payne 308 

" •' Dr. Samuel .\. Mudd 318 

" " Michael O'Laughlin and Samuel Arnold 3.33 

Argument by Hon. John A. Bingham 351 



APPENDIX. 



Opinion of the Attorney-General 

Instructions for the Government of the Armies of the United States. 

Proclamation of the President, September 25, 1862 

Allidavit of Louis J. Weichmann 

Affidavit of Captain George W. Duttou 



403 
410 
419 
420 
421 



ALPHABETICAL INDEX OF WITNESSES. 



Acton, Johix 

Allen, Dr. Charles 

Andei'son, Mrs. Mary J 

Arnold, Frank 

Arnold, W. S 

Auscr, Nathan 

Baden, John H 

Ball, William 

Barnes, Surgeon-General J. K. 



Barr, John H 

Bartley, Lieutenant Keuben. 

Bates, Lewis F 

Bean, E. D. R 

Bell, William H 



Blanford, Dr. J. H. 



Bloyce, Charles 

Bloyce, Frank 

Bloyce, Julia A 

Bloyce, Mrs. Eleanor. 

Boigi, Charles A 

Booz, George 



Bowman, Dr. William J., 
Boyle, Kev. Francis E.... 

Branson, Margaret 

Brawner, Alexander 

Brenner, A 

Briscoe, Mrs. Becky 

Briscoe, Washington 



Brook, Albin J 

Browning, W. B 

Buckingham, John E., 
Bunker, G. W 



Burden, Henry 

Burke, Colonel Martin. 
Burroughs, Joseph 



Caldwell, John 

Calvert, George H. 



Campbell, Robert Anson. 

Cantlin, John 

Carland, Louis J 

Carter, Hosea B 

Chamberlayne, Lewis W. 

Chester, S. K 

Clark, Henry A 

Clark, Spencer M 



75 



34 

60 

95 

157 

167 

62 
46 

154 
155 



176 
176 



57 
177 
145 



53 
74 

75 
148 



45 
51 

38 
52 
44 

159 



DBF. 

203 
197 

240 
240 

188 



151 



203 



195 
180 
200 
208 
183 

192 

112 
201 
201 
178 
136 
160 
153 



153 
181 



112 

216 



126 
126 



108 



197 



Cleaver, William E , 

Clendenin, William 

Cobb, Sergeant S. T , 

Conger, Everton J 

Conover, Sanford , 

u u 

(I il 

Corbett, Sergeant Boston 

Cottingham, George 

K (I 

Courtney, John C \ 

Coyle, John F 

Craig, George 

Crane, William L 

Dana, C. A 

Dana, Lieutenant David D , 

Davis, Dr. Charles W , 

Davis, John F 

'(( a 

Davis, Thomas , 

Dawson, Charles 

Deakins, Polk , 

Debonay, J. L 

Dempsey, Lieutenant John W 

U If II 

Devenay, John 

Doherty, Captain E. P 

Dooley, F. H 

Douglass, H. K 

Downing, J. H 

Duell, Charles 

Dye, Sergeant Joseph M 

Dyer, Jeremiah ■ 

u u 

U l( 

Early, Bernard J 

a a 

Eastwood, Daniel S 

Eaton, William 

« <i 

Eckert, Major T. T 

il « 

« <« 

Edmonds, Captain Eli, U. S. N 

Edmunds, George F , 

Edson, Henry G 

Eglent, Elzee 

Eglent, Sylvester 

Evans, William A 

U II 

Farrell, Francis R • 

(xiii) 



XIV 



ALPHABETICAL INDEX OF WITNESSES. 



Farwell, Leonard J., 

Ferguson, James 

Ferguson, James P... 



Finegas, Henry 

Fitzpatrick, Miss Honora. 



Fletcher, John. 



Ford, H. Clay... 
Ford, James R. 
Ford, John T.... 



Frazier, Edward 

Fuller, John H 

Gardiner, Benjamin W. 



Gardiner, Marcellus. 

Gardiner, Polk 

Gardiner, Thomas L.. 



Gavacan, Simon 

Gemmill, Sergeant L. W. 
GifiFord, James J 



Giles, John R 

Gobright, L. A 

Goenther, John 

Grant, John 

Grant, Lieutenant-General U. S. 

Grant, Mrs. Lucy Ann 

Graves, W. D 

Greenawalt, John 

Grillett, George 

Gwynn, Bennett F 



Hall, Charles B 

Hall, Frederick H. 
Hall, Dr. James C. 



Hamilton, Brig.-Gen. Alex. J. 

Hamiston, Willis 

Ilapman, John 

Hardy, John F 



llarkins, Louis B 

Hatter, John C 

Hawkins, Daniel W. 

Hawkins, Henry 

Heinrichs, Oscar 

Henderson, J. B 



Herold, Emma., 
Herold, Jane.... 



Hess, C. D 

Hodges, Silas H 

Holahan, John T 

Holahan, Mrs. Eliza. 

Holland, John C 

Horner, Eaton G 



42 
7G 

39 
121 



83 
145 



49 



85 
71 

89 
149 

77 



37 

51 
146 



52 

167 

48 
220 
223 

218 

227 



225 



221 
139 



234 



Ilowell, Augustus S. 

Hoxton, John T 

Hoxton, William W. 
Hoyle, William L.... 
Hubbard, John B 



DF.r. 
151 



106 



132 
132 



99 
100 
102 
104 

231 
211 
211 
205 



196 



109 
231 
213 
112 
166 

166 



230 
126 
126 
182 
241 

164 



213 

153 

189 

247 

66 

229 

96 

152 

213 

99 



132 
187 

241 
133 
137 
137 
136 
165 



Hudspeth, Mrs. Mary.... 
Hutchinson, George B... 
Hyams, Godfrey Joseph. 

James, Henry M 

Jarboe, James J 

Jaquette, Isaac 

Jenkins, J. Z 



Jenkins, Mrs. Mary.. 

Jett, Willie S 

Johnson, Edward 

Johnson, Primus 

Jones, Robert R 

Jones, Samuel P 

Jordan, Edward 

Kaighn, Margaret.... 
Kallenbach, Andrew. 



Kent, William T 

Kelleher, James 

Keilotz, William H 

Keim, Lieutenant W. R.. 

King, Horatio 

Knox, Major Kilburn.... 
Lamb, James 



Lanihan, Rev. P 

Langley, John 1^ 

Latouche, John 

Leaman, James E 

Leaman, Somerset 

Lee, John 

Lloyd, John M 

(I it 

Lloyd, Joshua 

Loughran, Daniel 

Lovett, Lieutenant Alexander. 

Lucas, Francis 

Lusby, James 

Maddox, James L 

Magee, George R 

Marsh, Salome 

Marsh, Stephen 

Marshall, William 

Martin, R. F 



Maulsby, P. H 

McAllister, Samuel.- 



McCall, Colonel W. H. H 

McDevitt, James A 

McGowan, Captain Theodore. 

McKim, Dr. S. A. H 

McPhail, James L 



McPhail, William 

McPherson, John 

McPherson, Mason L., 
Memmert, Frederick.. 

Merrick, Henry E 

Merritt, James B 



Metz, Hezekiah 

Middleton, D. W 

Miles, John 

Monroe, Daniel E 

Monroe, Captain Frank, U. S. 
Montgomery, J. H 



N.... 



68 

35 

37 

149 

81 



204 
204 

111 



216 

212 
150 
192 



ALPHABETICAL INDEX OP WITNESSES. 



Montgomery, Richard 

K u 

K U 

Morgan, R. C 

Mudd, Fannie 

Mudd, George D 

Mudd, jr., H. L 

It (1 

(1 11 
Mudd, Jeremiah T 

11 u 

II It 

Mudd, Miss Mary 

Mudd, Mrs. Emily 

Mudd, William A 

Mm'phy, Edward 

11 It 

Murray, Mrs. Martha 

Naylor, Joshua S 

Nelson, Mrs. Mary E 

Nelson, Robert 

Nevins, Colonel W. R 

Newman, L. P. D 

Nichols, Dr. Charles H 

Nokes, James 

Norris, Dr. Basil 

Norton, Marcus P 

U 11 

(t tt 

tl (t 

Nothey, John 

Nott, Joseph T 

11 tt 

O'Brien, James R 

Offutt, Mrs, Emma 

It It 

Olin, Judge A. B 

ti It 

Orme, Lemuel L 

Owen, Joshua T 

Piles, John V 

Plant, Joseph P. K 

Pole, Minnie 

Pope, Matthew J 

Porter, Assistant Surgeon George L, 

Potts, Mrs. Elizabeth 

Potts, John 

Price, Thomas 

Pumphrey, James W 

Purdy, Henry E 

Purdy, Robert 

Randall, Voltaire 

Ransford, P. T 

Rathbone, Major Henry R 

Raybold, Thomas J 

11 It 

Reeves, A. R 

Reed, David C 

It It 

Rice, Nathan , 

Richards, James W 

Richter, Hartman , 

Ripple, Lieutenant J. L , 

Ritterspaugh, Jacob 

It It 

11 II 

Roberts, John E 

Robinson, Sergeant George F 



PROS. 


DBF. 


24 




26 




28 




122 






193 




206 




210 




195 




197 




198 




187 




190 




192 




195 




193 




183 




229 




229 


154 






189 




213 


158 




144 




239 






161 




96 


167 




149 




150 




177 




227 






126 




126 




127 




111 


121 






125 


82 






217 




188 


48 






129 




111 




241 




151 


168 






96 


48 




158 




72 






231 


43 




235 




139 




78 






109 




111 


120 




83 






188 


48 






185 




153 


62 




97 




97 






107 




166 


155 





Robinson, Sergeant George F 

Roby, A. V 

Roby, Dorley B 

Roby, Leonard S 

Rohrer, William H 

Rosch, Charles H 

II 11 

Ross, Erastus W 

Russell, Abram D 

Russell, James E 

Ryan, John 

Ryder, Rev. W. H 

Semus, Rachel 

Sessford, Joseph S 

Seward, Major Augustus H 

Shavor, Jacob 

Simms, Joe 

u u 

Simms, Mary 

Simms, Milo'. 

Simms, Mrs. Mary Jane 

Simonds, Joseph H 

Skinner, Richard E 

Sleichmann, John F 

Smith, Jacob 

Smith, Major H. W 

Smith, Samuel 

Smith, William R 

Smoot, E. L 

Soule, Jules 

Spencer, Rachel 

Sprague, Lyman S 

Stabler, Brooke 

Stanton, David 

Stewart, Edward C 

Stewart, Joseph B 

Stewart, Susan 

Stith, Frank 

Stone, Dr. Robert King 

Stonestreet, Rev. Charles H 

It u 

Streett, Samuel 

Surratt, Miss Anna E 

It It 

Sweeney, Charles 

Sweeney, Richard 

Sweerer, Benjamin 

Taltavul, Peter 

Taylor, Colonel Joseph H 

Terry, Lieutenant William H 

It It 

Thomas, Daniel J 

(t It 

Thomas, Dr. John C 

Thompson, John C 

It It 

Thompson, John L 

Toffey, Lieutenant John J 

II (t 

Townsend, Brig.-Gen. E. D., U, S. A, 

It 11 (( 

Treat, Colonel R. B 

Trotter, Peter 

Turner, John L 

Turner, Mary Ann 

Van Tine, Mrs. Mary J 

Verdi, Dr. F. S 

Von Steinacker, H 

Walker, James 



XVI 



ALPHABETICAL INDEX OF WITNESSES. 



Wall, W. L 

Wallace, William 

Walsh, Francis S 

Ward, Miss Anna 

Ward, Frank , 

Ward, John H 

Washington, Baptist., 
Washington, Betty 

Washington, Frank... 

(1 II 

Washington, Melvina 

Waters, John 

Waters, Joseph 

Watson, Eli J 

Watson, William J.... 
Weichmann, Louis J.. 



PROS. 

57 
221 



176 



171 



113 
118 
120 



96 
135 
189 

181 
194 
201 
181 
194 

189 
189 
188 
186 



Wells, Colonel H. H 

II i( 

Wermerskirch, Captain W. M 

Wharton, John W 

Wheeler, William E 

II II 

Wiget, Rev. B. F 

Wilcox, Daniel H 

Wilkes, George 

Williams, Billy 

Williams, Wifliam 

Wilson, Dr. John 

Withers, jr., William , 

II II _^ 

Wood, William P 

Woods, George B 

Young, James 

Young, James P 

Young, Rev. N. D , 



PROS. 

158 

168 
123 

39 
221 

47 

64 
223 

88 
158 

79 



61 
189 



241 



185 



104 
180 
133 



186 



i^nocEEDiisras 



OF A 



MILITARY COMMISSION 



Convened at Washington, D. C, by virtue of the following Orders: 



Executive Chamber, I 
Washington City, May 1, 1S65. J 

Whereas, the Attorney-General of the 
United States hath given his opinion: 

That the persons implicated in the murder 
of the late President, Abraham Lincoln, and 
the attempted assassination of the Honorable 
William H. Seward, Secretary of State, and 
in an alleged conspiracy to assassinate other 
officers of the Federal Government at Wash- 
ington City, and their aiders and abettors, 
are subject to the jurisdiction of, and lawfully 
triable before, a Military Commission; 

It is ordered: Ist. That the Assistant 
Adjutant-General detail nine competent mili- 
tary officers to serve as a Commission for the 
trial of said parties, and that the Judge 
Advocate General proceed to prefer charges 
against said parties for their alleged offenses, 
and bring them to trial before said Military 
Commission; that said trial or trials be con- 
ducted by the said Judge Advocate General, 
and as recorder thereof, in person, aided by 
such Assistant and Special Judge Advocates 
as he may designate; and tliat said trials be 
conducted with all diligence consistent with 
the ends of justice: the said Commission to 
sit without regard to hours. 

2d. That Brevet Major-General Hartranft 
be assigned to duty as Special Provost Mar- 
shal General, for the purpose of said trial, 
and attendance upon said Commission, and 
the execution of its mandates. 

3d. That the said Commission establish 
such order or rules of proceeding as may 
avoid unnecessary delay, and conduce to the 
ends of public justice. 

[Signed] ANDREW JOHNSON. 



Wah Departmbst, Adj't-General's OrncE, 1 
Washington, ilay 6, 1865. / 

Special Orders, No. 211. 

EXTRACT. 
******** 

4. A Military Commission is hereby ap- 
pointed to meet at Washington, District of 



Columbia, on Monday, the 8th day of May, 
1865, at*9 o'clock A. M., or as soon there- 
after as practicable, for the trial of David E. 
Herold, George A. Atzerodt, Lewis Payne, 
Michael O'Laughlin, Edward Spangler, Sam- 
uel Arnold, Mary E. Surratt, Samuel A. 
Mudd, and 6u^h other prisoners as may be 
brought before it, implicated in the murder 
of the late President, Abraham Lincoln, and 
the attempted assassination of the Honorable 
William H. Seward, Secretary of State, and 
in an alleged conspiracy to assassinate other 
officers of the Federal Government at Wash- 
ington City, and their aidei^s and abettors. 

DETAIL FOR THE COURT. 

Major-General David Hunter, U. S. Vol- 
unteers. 

Major-General Lewis Wallace, U. S. Vol- 
unteers. 

Brevet Major-General August V. Kautz, 
U. S. Volunteers. 

Brigadier-General Albion P. Howe, U. S. 
Volunteers. 

Brigadier-General Robert S. Foster, U. S. 
Volunteers. 

Brevet Brigadier-General Cyrus B. Com- 
stock, U. S. Volunteers. 

Brigadier-General T. M. Harris, U. S. Vol- 
unteers. 

Brevet Colonel Horace Porter, Aid-de- 
Camp. 

Lieutenant-Colonel David R. Clendenin, 
Eighth Illinois Cavalry. 

Brigadier-General Joseph Holt, Judge Ad- 
vocate General U. S. Army, is appointed the 
Judge Advocate and Recorder of the Com- 
mission, to be aided by such Assistant or 
Special Judge Advocates as he may desig- 
nate. 

The Commission will sit without regard to 
hours. 

By order of the President of the United 
States. 

[Signed] W. A. NICHOLS, 

Assistant Adjutant- General. 
(17) 



18 



THE CONSPIRACY TRIAL. 



Court-Room, Washington, T). C. 1 
May y, !>*.'>, 10 o'clock A. M.J 

The Coniniis.eioii met |iur8iiaiit to tlie fore- 
goinj^ Orders. 

All the niemhers present; also the Judge 
Advocate General. 

The lion. John A. Bingham, and Brevet 
Colonel II. L. Burnett, .ludge Advocate, were 
then introduced by the Judge Advocate 
General ae Assistant or Special Judge Advo- 
cates. 

The accused, David E. ITerold, George 
A. Atzergdt. iSamuel Arnold, Lewis Payne, 
Michael O'Lau^hlin, Edward Spangler, Mary 
E. Surratt, ana .Samuel A. Mudd, were then 
brought into court, and being asked whether 
they desired to employ counsel, replied that 
they did. 

To afford the accused opportunity to secure 
counsel, the Commission adjourned to meet 
on Wednesday, May 10, at 10 o'clock A. M. 



4 



CouRT-KooM, W.^sHrNOToy, D. C, ") 
May 10, lSti.i, 10 o'clock A. M.J 

The Commission met pursuant to adjourn- 
ment. 

Present, all the members named in the fore- 
going Order; also present the Judge Advo- 
cate General, and Assistant Judge Advocates 
Bingham and Burnett. 

The Judge Advocate General then read the 
following Special Order: 

War Departmknt, Ari.i'T-Gr.sERAL'.s Office, ") 
Washington, May 9, 1605. ) 

Special Orders, No. 216. 

EXTRACT. 

******** 

91. Brevet Brigadier-General Cyrus B. 
Comstock, U. S. Volunteers, and Brevet 
Colonel Horace Porter, Aid-de-Camp, are here- 
by relieved from duty as members of the 
Military Commission, appointed in Special 
Orders No. 211, paragraph 4, dated "War 
Department, Adjutant-General's Office, Wash- 
ington, May 6, 1865," and Brevet Brigadier- 
General James A. Ekin, U. S. Volunteers, 
and Brevet Colonel C. II. Tomkins, U. S. 
Army, are detailed in their places respectively. 

The Commission will be composed as fol- 
lows : 

Major-General David Hunter, U. S. Volun- 
teers. 

Major-General Lewis Wallace, U. S. Volun- 
teers. 

Brevet Major-General August V. Kautz, U. 
S. Volunteers. 

Brigadier-General Albion P. Howe, tj. S. 
Volunteers. 

Brigadier-General Robert S. Foster, U. S. 
Volunteers. 

Brevet Brigadier-General James A. Ekin, 
U. S. Volunteers. 

Brigadier-General T. M. Harris, U. S. 
Volunteers. 

Brevet Colonel C. 11. Tomkins, U. S. Army. 

Lieutenant-Colonel David R. Clendenin, 
Eighth Illinois Cavalry. 



Brigadier-General Joseph Holt, Judge Ad- 
vocate and Recorder. 

By order of the President of the United 
States 

[Signed] E. D. TOWNSEND. 

Assistant A iljutant-U cneraL 

All the members named in the foregoing 
order being present, the Commission pro- 
ceeded to the trial of David E. llerold, George 
A. Atzerodt, Lewis Payne, Miciiael O'LaugTi- 
lin, Edward Spangler, Samuel Arnold, Mary 
E. Surratt, and Samuel A. Mudd, who were 
brought into court, and having heard read 
the Ibregoing orders, the accu.«ed were asked 
if they had any objection to any member 
named therein, to which all severally replied 
they had none. 

The members of the Commission were 
then duly sworn by the Judge Advocate Gen- 
eral, in the presence of the accused. 

The Judge Advocate General, and Assist- 
ant Judge Advocates, Hon. John A. Bingham 
and Brevet Colonel II. L. Burnett, were then 
duly sworn by the President of the Commis- 
sion, in the presence of the accused. 

Benn Pitman, R. Sutton, D. F. Murphy, 
R. R. Hitt, J. J. Murphy, and Edward V. 
Murphy, were duly sworn by the Judge 
Advocate General, in the presence of the ac- 
cused, as reporters to the Commission. 

The accused were then severally arraigned 
on the following Charge and Specification: 

CHARGE AND SPECIFICATION 

AGAINST 

DAVID E. HEROLD, GEORGE A. 
ATZERODT, LEWIS PAYNE, MI- 
CHAEL O'LAUGHLIN, EDWARD 
SPANGLEIR, SAMUEL ARNOLD, 
MARY E. SURRATT, AND SAM- 
UEL A. MUDD. 

CHARGE. — For maliciously, unlawfully, and 
traitorously, and in aid of the the existing 
armed rebellion against the United States of 
America, on or before the 6th day of 3farch, 
A. D. 1865, and on divers other days between 
that day and the 15th day of April, A. D. 
1865, combining, confederating, and conspiring 
together with one John JI. Surratt, John Wilkei ' 
Booth, Jefferson Davis, George N. Sanders, 
Beverly Tucker, Jacob Thompson, William C. 
Cleary, Cfement C. Clay, George Harper. 
George Young, and others unknown, to kiU, 
and murder, tvithin the Military Department 
of Washington, and within the fortified and 
intrenched lines thereof, Abraham Lincoln, 
late, and at the time of said cojnbining, con- 
federating, and conspiring. President of the 
United States of America, and Commander-in- 
Chief of the Army and Navy thereof ; Andrew 
Johnson, now Vice-President of the United 
States aforesaid ; William H. Seward, Secrc' 
tary of State of the United States aforesaid; 



CHARGE AND SPECIFICATION. 



19 



and TJhjsses S. Grant, Lietdenant-General of 
the Army of the United States aforesaid, then 
in command of the Armies of the United 
States, nnder the direction of the said Abra- 
ham Lincoln; and in pursuance of and in 
prosecuting said malicious, unlawful, and 
traitorous conspiracy aforesaid, and in aid of 
said rebellion, afterward, to-wit, on the \Ath day 
of April, A. D. 1865, within the Military 
Department of Washington aforesaid, and 
within the fortified and intrenched lines of 
said Military Department, together with said 
John Wilkes Booth and John H. Surratt, 
maliciously, unlaufully, and traitorously mur- 
dering the said Abraham Lincoln, then Presi- 
dent of the United States and Commander-in- 
Chief of the Army and Navy of the United 
States, as aforesaid; ayid maliciously, unlaiv- 
fully, and traitorously assaulting, rvith intent 
to kill and murder, the said William H. Sew- 
ard, then Secretary of State of the United 
States, as aforesaid; and lying in wait with 
intent maliciously, unlawfidly, and traitorously 
to kill and murder the said Andrew Johnson, 
then being Vice-President of the United States ; 
and the said Ulysses S. Grant, then being 
Lieutenant-General, and in command of the 
Armies of the United States, as aforesaid. 

Specification. — In this: that they, tlie 
eaid David E. Herold, Edward Spangler, 
Lewis Payne, Michael O'Laughlin, Samuel 
Arnold, Mary E. Surratt, George A. Atzerodt, 
and SaTnuel A. Mudd, together with the said 
John H. Surratt and John Wilkes Booth, in- 
cited and encouraged thereunto by Jefl'erson 
Davis, George N, Sanders, Beverly Tucker, 
Jacob Thompson, William C. Cleary, Clem- 
ent C. Clay, George Harper, George Young, 
and others unknown, citizens of the United 
States aforesaid, and who were then engaged 
in armed rebellion against the United States 
of America, within the limits thereof, did, in 
aid of said armed rebellion, on or before the 
6th day of March, A. D. 1865, and on divers 
other days and times between that day and 
the 15th day of April, A. D. 1865, coinbine, 
confederate, and conspire together, at Wash- 
ington City, within the Military Department 
of Washington, and wi+hin the intrenched 
fortifications and military lines of the United 
States, there being, unhnvfully, maliciously, 
and traitorously to kill and murder Abraham 
Lincoln, then President of the United States 
aforesaid, and Commander-in-Chief of the 
Army and Navy thereof; and unlawfully, 
maliciou.sly, and traitorously to kill and mur- 
der Andrew Johnson, now Vice-President of 
the said United States, upon whom, on the 
death of said Alraham Lincoln, after the 4th 
day of March, A. D. 1865, the office of Presi- 
dent of the said United States, and Com- 
mander-in-Chief of the Army and Navy 
thereof, would devolve; and to unlawfully, 
maliciously, and traitorously kill and murder 
Ulysses S. Grant, then Lieutenant-General, 
and, under the direction of the said Abraham 



Lincoln- in command of the Armies of the 
LTnited States, aforesaid; and unlawfully, ma- 
liciously, and traitorously to kill and murder 
William II. Seward, then Secretary of State 
of the United States aforesaid, whose duty it 
was, by law, upon the death of said President 
and Vice-President of the United States afore- 
said, to cause an election to be held for elect- 
ors of President of the United States: the 
conspirators aforesaid designing and intend- 
ing, by the killing and murder of the said 
Abraham Lincoln, Andrew Johnson, Ulysses 
S. Grant, and William H. Seward, as afore- 
said, to deprive the Army and Navy of the 
said United States of a constitutional Com- 
mander-in-Chief; and to deprive the Armies 
of the United States of their lawful com- 
mander; and to prevent a lawful election of 
President and Vice-President of the United 
States aforesaid; and by the means aforesaid 
to aid and comfort the insurgents engaged in 
armed rebellion against the said United States, 
as aforesaid, and thereby to aid in the subver- 
sion and overthrow of the Constitution and 
laws of the said United States. 

And being so combined, confederated, and 
conspiring together in the prosecution of said 
unlawful and traitorous conspiracy, on the 
night of the 14th day of April, A. D. 1865, at 
the hour of about 10 o'clock and 15 minutes 
P. M., at Ford's Theater, on Tenth Street, in 
the City of Washington, and within the mili- 
tary department and military lines aforesaid, 
John Wilkes Booth, one of the conspirators 
aforesaid, in pursuance of said unlawful and 
traitorous conspiracy, did, then and there, un- 
lawfully, maliciously, and traitorously, and 
with intent to kill and murder the said Abra- 
ham Lincoln, discharge a pistol then held in 
the hands of him, the said Booth, the same 
being then loaded with powder and a leaden 
ball, against and upon the left and posterior 
side of the head of the said Abraham Lin- 
coln ; and did thereby, then and there, inflict 
upon him, the said Abraham Lincoln, then 
President of the said' United States, and 
Commander-in-Chief of the Army and Navy 
thereof, a mortal wound, whereof, afterward, 
to-wit, on the 15th day of April, A. D. 1865, 
at Washington City aforesaid, the said Abra- 
ham Lincoln died; and thereby, then and 
there, and in pursuance of said conspiracy, 
the said defendants, and the said John Wilkes 
Booth and John H. Surratt, did unlawfully, 
traitorously, and maliciously, and witii the 
inteiit to aid the rebellion, as aforesaid, kill 
and murder the said Abraham Lincoln, Pres- 
ident of the United States, as aforesaid. 

And in further prosecution of the unlawful 
and traitorous conspiracy aforesaid, and of 
the murderous and traitorous intent of said 
conspiracy, the said Edward Spangler, on 
said 14th day of April, A. D. 1865, at about 
the same hour of that day, as aforesaid, 
within said military department and the mil- 
itary lines aforesaid, did aid and assist the 
said John Wilkes Booth to obtain entrance 



20 



THE CONSPIRACY TRIAL. 



to the box in said tlioatcr, in which said' 
Abraliam Lincoln was sitting at the time he 
vas aseaiiltcil anil shot, as aforcsaitl, by John J 
"Wilkes Booth; and also did, then and there, ^ 
aid paid Booth in barring and obstructing] 
the door of the box of said theater, so as to , 
hinder and prevent any assistance to or res- 
cue of the said Abraham Lincoln against the 
muwlerous assault of the said John Wilkes 
Booth: and did aid and abet him in making 
his escape after the said Abraliam Lincoln 
had been murdered in manner aforesaid. 

And in further prosecution of said unlaw- 
ful, murderous, and traitorous conspiracy, and 
in pursuance thereof, and with the intent as 
aforesaid, the said David E. Herold did, on 
the night of the 14th of April, A. D. LS65, 
within the military department and military 
lines aforesaid, aid, abet, and assist the said 
John Wilkes Booth in the killing and mur- 
der of the said Abraham Lincoln, and did, 
then and there, aid and abet and assist him, 
the said John Wilkes Booth, in attempting 
to escape through the military lines afore- 
said, and did accompany and assist the said 
John Wilkes Booth in attempting to conceal 
himself and escape from justice, after killing 
and murdering said Abraham Lincoln as 
aforesaid. 

And in further prosecution of said unlaw- 
ful and traitorous conspiracy, and of the in- 
tent thereof, as aforesaid, the said Lewis 
Payne did. on the same night of the 14th 
day of April, A. D. 1865, about the same 
hour of 10 o'clock and 15 minutes P. M., at 
the City of Washington, and within the mil- 
itary department and the military lines afore- 
said, unlawfully and maliciously make an 
assault upon the said William H. Seward, 
Secretary of State, as aforesaid, in the dwell- 
ing-house and bed-chamber of him, the said 
William H. Seward, and the said Payne did, 
then and tliere, with a large knife held in 
his hand, unlawfully, traitorously, and in 
pursuance of said conspiracy, strike, stab, 
cut, and attempt to kill and murder the said 
William XL Seward, and did thereby, then 
and there, and with the intent aforesaid, with 
said knife, inflict upon the face and throat of 
the said William H. Seward divers grievous 
wounds. And the said Lewis Payne, in fur- 
ther prosecution of said conspiracy, at the 
same time and place last aforesaid, did at- 
tempt, with the knife aforesaid, and a pistol 
held in his hand, to kill and murder Fred- 
erick W. Seward, Augustus II. Seward, Em- 
rick W. Ilansell, and George F. Robinson, 
who were then striving to protect and rescue 
the said William II. Seward from murder by 
the said Lewis Payne, and did, then and there, 
with said knife and pistol held in his hands, 
inflict upon the head of said Frederick W. 
Seward, and upon the persons of 8ai<l Augustus 
H. Seward, Emrick W. Ilansell, and George 
F. Robinson, divers grievous and dangerous 
wounds, with intent, then and tliere, to kill 
and murder the said Frederick W. Seward, 



Augustus H. Seward, Emrick W. Ilansell, 
and George F. Robinson. 

And in further prosecution of said conspir- 
acy and its traitorous and murderous designs, 
the said George A. At/.erodt did, on the night 
of the 14th of April, A. I). 1865, and about 
the same hour of the night aforesaid, within 
the military department and the military lines 
aforesaid, lie in wait for Andrew Johnson, 
then Vice-President of the L'nited Statea 
aforesaid, with the intent unlawfully and ma- 
liciously to kill and murder him, the said 
Andrew Johnson. 

And in the further prosecution of the con- 
spiracy aforesaid, and of its murderous and 
treasonable purposes aforesaid, on the nights 
of the 13th and 14th of April, A. D. 1865, at 
Washington City, and within the military de- 
partment and the military lines aforesaid, the 
said Michael O'Laughlin did, then and there, 
lie in wait for Ulysses S. Grant, then Lieuten- 
ant-General and Commander of the Armies 
of the United States, as aforesaid, with in- 
tent, then and there, to kill and murder the 
said Ulysses S. Grant. 

And in further yjrosecution of said conspir- 
acy, the said Samuel Arnold did, within the 
military department and the military lines 
aforesaid, on or bet'ore the 6th day of March, 
A. D, 1865, and on divers other days and times 
between that day and the 15th day of April, 
A. I). 1865, combine, conspire with, and aid, 
counsel, abet, comfort, and support, the said 
John Wilkes Booth, Lewis Payne, George A. 
Atzerodt, Michael O'Laughlin, and their con- 
federates in said unlawful, murderous, and 
traitorous conspiracy, and in the execution 
thereof, as aforesaid. 

And in further prosecution of said conspir- 
acy, Mary E. Surratt did, at Washington 
City, and within the military department and 
military lines aforesaid, on or before the 6th 
day of March, A. D. 1865, and on divers 
other days and times between that day and 
the 2()th' day of April, A. D. 1865, receive, 
entertain, harbor, and conceal, aid and assist 
the said John Wilkes Booth, David E. Her- 
old, Lewis Payne, John II. Surratt, Michael 
Laughlin, George A. Atzerodt, Samuel Ar- 
nold, and their confederates, with the knowl 
edge of the murderous and traitorous conspir- 
acy aforesaid, and with intent to aid, abet, and 
assist them in the execution thereof, and in 
escaping from justice after the murder of the 
said Abraha;ii Lincoln, as aforesaid. 

And in further prosecution of said con- 
spiracy, the said Samuel A. Mudd did, at 
Washington City, and within the military de- 
partment and military lines aforesaid, on or 
before the 6tli day of Mar<;li, A. D. 1865, and 
on divers other days and times between that 
day and the liOlirday of April, A. D. 1865, 
advise, encourage, receive, entertain, harbor, 
and conceal, aid and assist the said John 
Wilkes Booth, David E. Herold, Lewie Payne, 
John II. Surratt, Michael O'Laughlin, George 
A. Atzerodt, Mary E. Surratt, and Samuel 



RULES OF PROCEEDING. 



21 



Arnold, and their confederates, with knowl- 
edge of the murderous and traitorous con- 
spiracy aforesaid, and with the intent to aid, 
abet, and assist them in the execution thereof, 
and in escaping from justice after the murder 
of the said Abraham Lincoln, in pursuance 
of said conspiracy in manner aforesaid. 

By order of the President of the United 
States. J. HOLT, 

Judge Advocate General. 

Charge and Specification indorsed : 
" Copy of the within Charge and Specifica- 
tion delivered to David E. Herold, George A. 
Atzerodt, Lewis Payne, Michael O'Laughlin, 
Samuel Arnold, Mary E. Surratt, and Samuel 
A. Mudd, on the 8th day of Mav, 1865. 

[Signed] "J. F. HARTRANFT, 

5rt'v. Maj.-Gen. and Spec. Prov. Mar. Gen." 

To the Specification, all the accused severally 

pleaded "'Not Guilty." 

To the Charge ''Not Guilty." 

The Commission then considered the rules 
and regulations by which its proceedings 
should be conducted, and after discussion 
adopted the following : 

RULES OF PROCEEDIXa 

ADOPTED BY THE MILITARY COMMISSION 
CONVENED PURSUANT TO SPECIAL 
ORDERS Nos. 211 AND 216. 

1. The Commission will hold its sessions 
in the following hours: Convene at 10 A. M., 
and sit until 1 P. M., and then take a recess 
of one hour. Resume business at 2 P. M. 

2. The prisoners will be allowed counsel, 
who shall file evidence of having taken the 
oath prescribed by act of Congres.-*, or shall 
take said oath before being permitted to ap- 
pear in the case. 

3. The examination of witnesses shall be 
conducted on the part of the Government by 
one Judge Advocate, and by counsel on the 
part of the prisoners. 

4. The -testimony shall be taken in short- 
hand by reporters, who shall first take an 
oath to record the evidence faithfully and 
truly, and not to communicate the same, or 
any part thereof, or any proceedings on the 
trial, except by authority of the presiding 
officer. 

5. A copy of the evidence taken each day 
shall be furnished the Judge Advocate Gen- 
eral, and one copy to the counsel of the 
prisoners. 

G. No reporters but the official reporters 
shall be admitted to the court-room. But 
the Judge Advocate General will furnish 
daily, in his discretion, to the agent of the 
As.sociatedPress, a copy of such testimony and 
proceedings as maybe published, pending the 
trial, without injury to the public and the ends 
of justice. All other publication of tlie evi- 
dence and proceedings is forbidden, and will 



be dealt with as contempt of Court, on the 
part of all persons or parties concerned in 
making or procuring such publication.* 

7. For the security of the prisoners and 
witnesses, and to preserve order and decorum 
in the trial and proceedings, the presiding 
officer will furnish a pass to counsel, wit- 
nesses, officers, and such persons as may be 
allowed to pass the guard, and be present at 
the trial. No person will be allowed to pass 
the guard without such pass, which, for 
greater precaution, will be countersigned by 
the Special Provost Marshal in attendance 
upon the Court. 

8. The argument of any motion will, unless 
otherwise ordered by the Court, be limited to 
five minutes by one Judge Advocate, and 
counsel on behalf of the prisoners. Objec- 
tions to testimony will be noted on the record, 
and decided upon argument, limited as above, 
on motions. When the testimony is closed, 
the case will be immediately summed up by 
one Judge Advocate, at the discretion of the 
Judge Advocate General, and be followed or 
opened, if the Judge Advocate General elects, 
by counsel for the prisoners, and the argument 
shall be closed by one Judge Advocate. 

9. The argument being closed, the Court 
will immediately proceed duly to deliberate 
and make its determination. 

10. The Provost Marshal will have the 
prisoners in attendance during the trial, and 
be responsible for their security. Counsel 
may have access to them in the presence, but 
not in hearing, of a guard. 

11. The counsel for the prisoners will im- 
mediately furnish the Judge Advocate Gen- 
eral with a list of the witnesses required for 
defense, whose attendance will be procured 
in the usual manner. 

To allow further time for the accused to 
secure and communicate with counsel, the 
Commission adjourned to meet on Thursday, 
May Uth, at 10 o'clock A. M. 

Court-Room, Washingtox, D. 0., 1 
May 11. 1S65, 10 O'clock A. M. J 

The Commission met pursuant to adjourn- 
ment. 

All the members present; also the Judge 
Advocate, the Assistant Judge Advocates, and 
all the accused. 

The record of preceding session was read 
and approved 

The accused, S.vmuet. A. Mudd, applied for 
permission to introduce Frederick Stone, Esq.. 
and Thomas Ewing, jr., Esq., as his counsel. 

The accused, M.vrv E. Surk.att, applied 
for permission to introduce Frederick Aiken, 
Esq., and John W. Clampitt, Esq., as her 



*The tistimony of Richard Montsomeiy, S.inford Con- 
over, and James B. Merritt was, for pniitential reasons, 
taken in secret session. .\t tlie opening of the session, ou 
May l.'ith, the JiidKo Advocate aniiounoed tliat the testi- 
mony hereafter to be introduced niifiht be given to the pub- 
lic without impropriety or embarrassment to tlie Govern- 
ment, and that the President of tlie Commission would 
grant permits for admission to reporters and otliers to 
an extent not to interf;re with the proceedings of the 
Commission. 



22 



THE CONSPIKACT TRIAL. 



connficl, wliicli applications were granted; 
and the aforesaid counsel, liavin<;; i\rsl taken, 
ir) open Court, the oath prescrihed by act of 
Contrress, approved July 2, 1802, accordingly 
appeared. 

To allow further time for the accused to 
secure the attendance of counsel, the Com- 
mission adjourned, to meet on Friday, Mav 
iL'th, at 10 o'clock A. M. 



Coi-KT-RooM, Washiscton, D. C . ") 
May 12, l-ifi.'), 10 o'clock, A. il. } 

The Commission met pursuant to adjourn- 
ment. 

All the memhers present; also the Jud'^e 
Advo'Jite. the Assistant .J mlge Advocates, tlie 
accused, and Messrs. Ewiiig, Stone, Aiken, 
and Cliimpitt, counsel for the accused. 

'I'lie proceedinsrs were read and approved. 

The accused, D.u-m E. IIkrolu, applied 
for permission to introduce Frederick Stone, 
Es(]., as his counsel. 

The accused, S.\muel Arnold, applied for 
permission to introduce Thomas Ewing, jr., 
E.sq., as his counsel; which applications were 
granted, and the aforesaid counsel accordingly 
appeared. 

The accused, George A. Atzerodt, applied 
for permission to introduce William E. Doster, 
E.sq., as his counsel. 

The accused, MicFi.\ELO'LAUGHr,ix, applied 
for permission to introduce Walter S. Cox, 
Esq., as his counsel. 

The accused. Lewis Payne, applied for 
permission to introduce William E. Doster, 
Esq , as his counsel. 

The accused, Edward Si'angler, applied 
for permission to introduce Thomas Ewing, 
jr., Esq., as his coun.sel ; which applications 
were granted, and Mes.srs. Doster, and Cox, 
having first taken, in open Court, the oath 
prescrihed by act of Congress, approved July 
2, 1802, accordingly appearetl. 

The accused, Mary E. Sl'rratt, applied 
for permission to introduce the lion. Reverdy 
Johnson as additional counsel for her, 

A member of the Commission (General T. 
M. Harris) objected to the admission of Mr. 
John.son as counsel before the Commission, 
on the ground that he did not recognize the 
moral obligation of an oath designed as a 
test of loyalty, or to enforce tiie obligation of 
loyalty to the Government of the United 
States, referring to a printed letter, dated Bal- 
timore, October 7, 18IJ4, upon "the constitu- 
tionality, legal and binding ellect and bearing 
of the oath prescribed by the late Convention 
of our State, to be taken by the voters of the 
State as the condition and qualitication of the 
right to vote upon the New Constitution." 

The letter, jiublished over the signature of 
the Hon. Reverdy Johnson, pending the ailop- 
tion of the New Constitution of Maryland, 
contained the following ]>assage: 

"Becau.se the Convention traii.scended its 
power, as 1 am .satislied it has, that is no 
reason why the peoj)le should submit. .On 



the contrary, it should lead them to adopt 
the only course left to redress the wrong. 
The taking of the oath under such circum- 
stances, argues no unwillingness to surrender 
their rights. It is indeed the only way in 
which they can protect them, and no moral 
injunction will be violated by such a course, 
because the exaction of the oath was be3'ond 
the authority of the Convention, and, as a 
law, is therefore void." 

Mr. Johnson. The Convention called to 
frame a new Constitution for the State was 
called under the authority of an act of the 
Legislature of Maryland, and under that 
alone. By that legislation, their proceedings 
were to be submitted to the then legal voters 
of the State. The Convention thought that 
they were themselves authorized not only to 
impose as an authority to vote what was not 
imposed by the then existing Constitution 
and laws, but to admit to vote those who 
were prohibited from voting by such Con- 
stitution and laws; and I said, in common 
with the whole bar of the State, (and with 
what the bar throughout the Union would 
have said if they had been consulted,) that 
to that extent they had usurped the author- 
ity under which alone they were authorized 
to meet, and that, so far, the proceeding was 
a nullity. They had prescribed this oath; 
and all that the opinion said, or was intended 
to say, was that to take the oath voluntarily 
was not a craven submission to usurped au- 
thority, but was necessary in order to enable 
the citizen to protect his rights under the 
then Constitution, and that there was no 
moral harm in taking an oath which the 
Convention had no authority to impose. 

The objection being then withdrawn, Mr. 
Johnson accordingly appeared as counsel for 
Mrs. Mary E. Surratt. 

The accused, David E. Herold, George A. 
Atzerodt, Lewis Payne, Michael O'Laughlin, 
Edward Spangler, Samuel Arnold, Mary E. 
Surratt, and Samuel A. Mudd, severally, 
through their counsel, asked leave to with- 
draw for the time their plea of " JXot Gnilti/," 
heretofore tiled, so that they may plead to the 
jurisdiction of the Commission. 

The applications were granted. 

The accused then severally offered a plea 
to the jurisdiction of the Commission as fol- 
lows : 

one of the accused, for plea, 

says that this court has no jurisdiction in the 
proceeding against him, because he says he is 
not, and has not been, in the military service 
of the United States. 

And, for further plea, the said 

says that loyal civil courts, in which all the 
offenses charged are triable, exi.st, and are in 
full and free operation in all the places where 
the several offenses charged are alleged to 
have been committed. 

And, for t'urther plea, the said 

says that the court has no jurisdiction in the 



JURISDICTION OF THE COMMISSION. 



23 



matter of the alleged conspiracy, so far as it is 
charged to have been a conspiracy to murder 
Abraham Lincoln, late President of the United 
States, and William H. Seward, Secretary of 
State, because he says said alleged conspiracy, 
and all acts alleged to have been done in the 
formation and in the execution thereof, are 
in the charges and specifications alleged to 
have been committed in the City of Washing- 
ton, in which city are loyal civil courts, in full 
operation, in which all said offenses charged 
are triable. 

And the said , for further plea, 

says tliis Coyrt has no jurisdiction in the 
matter of the crime of murdering Abraham 
Lincoln, late President of the United States, 
and William H. Seward, Secretary of State, 
because he says said crimes and acts done in 
execution thereof are in the charges and 
specifications alleged to have been committed 
in the City of Washington, in which city are 
loyal civil courts, in full operation, in which 
said crimes are triable. 

Signed on behalf of the accused by counsel. 

The Judge Advocate then presented the 
following replication : 

Now come the United States, and for an- 



swer to the special plea by one of the defend- 
ants, , pleaded to the jurisdiction 

of the Commission in this case, say that this 
Commission has jurisdiction in the premises 
to try and determine the matters in the Charge 
and Specification alleged and set forth against 

the said defendant, . 

J. HOLT, 
Judge Advocate General. 

The Court was then cleared for deliberation, 
and on being re-opened, the Judge Advocate 
announced that the pleas of the accused had 
been overruled by the Commission. 

The accused then severally made applica- 
tion for severance as follows : 

, one of the accused, asks that 

he be tried separate from those who are 
charged jointly with him, for the reason that 
he believes his defense will be greatly preju- 
diced by a joint trial. 

Signed by counsel on behalf of accused. 

The Commission overruled the application 
for a severance. 

The accused then severally pleaded : 

To the Specification ''Not Guilty." 

To the Charge ''Not Guilty." 



TESTIMONY 



RELATING TO THE GENERAL CONSPIRACY. 



KicHARD Montgomery. 
Witness for the Prosecution. — May 12, 1865. 

I visited Canada in the summer of 1864, 
and, excepting the time I have been going 
backward and forward, have remained there 
until about two weeks ago. I know George 
N. Sanders, Jacob Thompson, Clement C. 
Clay, Professor Holcomb, Beverly Tucker, 
W. C. Cleary, and Harrington. I have fre- 
quently met these persons, since the summer 
of 1864, at Niagara Falls, at Toronto, St. 
Catherines, and at Montreal. Thompson 
passed by several other names, one of which 
was Carson. Clay passed by the name of 
Hope, also Tracy, and another was T. E. 
Lacy. 

In a conversation 1 had with Jacob 
Thompson, in the summer of 1864, he said 
he had his friends (Confederates) all over the 
Northern States, who were ready and willing 
to go any lengths to serve the cause of the 
South; and he added that he could at any 
time have the tyrant Lincoln, and any other 
of his advisers that he chose, put out of his 
way; he would have but to point out the 
man that he considered in his way, and his 
friends, as he termed them, would put him 
out of it, and not let him know any thing 
about it if necessary; and that they would 
not consider it a crime when done for the 
cause of the Confederacy. 

Shortly after Mr. Thompson told me what 
he was able to do, I repeated the conversa- 
tion to Mr. Clay, who said, "That is so; we 
are all devoted to our cause, and ready to 
go any lengths — to do any thing under the 
sun to serve our cause." 

In January of this year, I saw Jacob 
Tliompson in Montreal several times, in one 
of these conversations he said a proposition 
had been made to him to rid the world of 
the tyrant Lincoln, Stanton, Grant, and some 
others. Tiie men who had made the propo- 
sition, he said, lie knew were bold, daring 
men, and able to execute any thing they 
would undertake, without regard to the cost 

(2n 



He said he was in favor of the proposition, 
but had determined to defer his answer until 
he had consulted with his Government at 
Richmond, and he was then only waiting 
their approval. He added that he thought 
it would be a blessing to the people, both 
North and South, to have these men killed. 

I have seen Lewis Payne, the prisoner at 
the bar, in Canada. I saw him at the Falls 
in the summer of 1864. I saw him again, 
and had some words with him, at the Queens 
Hotel in Toronto. I had had an interview 
with Mr. Thompson, and on leaving the room 
I met this man Payne in the passage way, 
talking with Mr. Clement C. Clay. Mr. Clay 
stopped me, and held my hand, finishing hie 
conversation with Payne in an undertone, 
and when he left me for a moment he .said, 
"Wait for me; I will return." He then 
went and spoke to some other gentleman 
who was entering Mr. Thompson's door, and 
then came back and bade nie good-by, ask- 
ing where he could see me in half an hour. 
I told him, and made an appointment to 
meet him. While Mr. Clay was away, I 
spoke to this man Payne, and asked him 
wiio he was. I commenced talking about 
some of the topics usually spoken of in con- 
versation among these men. He rather hesi- 
tated about telling nie who he was. He said, 
"0, I am a Canadian;" by which I under- 
stood that I was not to question him further. 
In about half an hour afterward 1 asked Mr. 
Clay who this man Payne was, and ho said, 
"What did he say?" I told him tliat he said 
he was a Canadian. Mr. Clay laugiied and 
said, "That is so; he is a Canadian; and," 
he added, "we trust him." 

The term "Canadian" was a common ex- 
pression among the Confederates there, and 
was applied to those who wpre in the habit 
of visiting the States; and I understood from 
Mr. Clay s laugh that their intercourse wae 
of a confidential nature. 

I liave been in Canada since the assas 
sination. A few days after, I met Beverly 
Tucker at Montreal. He said a great uc-ul 



TESTIMONY OF RICHARD MONTGOMERY. 



25 



about the wrongs that the South had re- 
ceived at the hands of Mr. Lincohi, and that 
he deserved his death, and it was a pity he 
did not meet with it long ago. He said it 
was too bad that the boys had not been 
allowed to act when they wanted to. "The 
boys" was an expression applied to the Con- 
federate soldiers and others in their employ, 
who engaged in raids, and who were to as- 
sassinate the President. 

1 related a portion of the conversation I 
iiad had with Mr. Thompson to Mr. W. C. 
Cleary, who is a sort of confidential secretary 
to Mr. Thompson, and he told me that 
Booth was one of the parties to whom 
Thompson had reference; and he said, in re- 
gard to the assassination, that it was too bad 
that the whole work had not been done; by 
which I understood him to mean that they 
intended to assassinate a greater number than 
they succeeded in killing. Cleary remarked, 
when speaking of his regret that the whole 
work had not been done, "They had better 
look out; we have not done yet." And lie 
added that they would never be conquered — 
would never give up. 

Cleary said that Booth had been there, visit- 
ing Thompson, twice in the winter; bethought 
the last time was in December. He had also 
been there in the summer. 

Thompson told me that Cleary was posted 
upon all his affairs, and that if I sought him 
(Thompson) at any time, and he was away, I 
niight state my business to Mr. Cleary, and 
it would be all the same; that I could have 
perfect confidence in him, and that he was 
a very close-mouthed man. 

On my return to Canada, a few days after 
the assassination, I found that those parties 
supposed that they were suspected of the 
assassination. They expected to be indicted 
in Canada, for a violation of the neutrality 
law, a number of days before they were in- 
dicted, and they told me they were destroy- 
ing a great many of their papers. Tucker 
and Cleary both told me they were destroy- 
ing their papers. Tucker said, in an inter- 
view I had with him after my return, that 
it was too had they had not been allowed to 
act when they wanted to. 

J A papfr coutaining a secret cipher, found .imong J. 
W ilkes Booth's elTi-cts, introduced in evidence, was here 
handed to the witness. ] 

I am familiar with two of the secret ciphers 
used by the Confederates; this is one of them. 
1 saw this cipher in 186-i, in Mr. Clay's 
house— the private house in which I was 
stopping at St. Catherines. 

During my stay in Canada I was in the 
eervice of the United States Government, 
seeking to acquire information in regard to 
the plans and purposes of the rebels who 
were a.ssembled there. To do this most 
efiectually, I adopted the name of James 
rhompson ; and leading them to suppose this 
was my correct name, 1 adopted some other 
name at any hotel at which I might be 



stopping. I was intrusted with dispatches 
Irom these Confederates to take to Eich- 
mond. I carried some to Gordonsville, with 
instructions to send them from there. I re- 
ceived a reply to these dispatches, which I 
carried back to Canada, bringing them 
through Washington, and making them 
known to the United States Government. I 
took no dispatches from the rebel Govern- 
ment to their agents in Canada without first 
delivering them to the authorities at Wash- 
ington. 

I received a dispatch at Gordonsville from 
a gentleman who represented himself as 
being in the rebel State Department, and 
sent by their Secretary of State. 'J'his dis- 
patch I delivered to Mr. Thompson in Octo- 
ber. Thompson, Clay, Cleary, and others 
represented themselves as being in the service 
of the Confederate Government. 

I frequently heard the subject of raids upon 
our frontier, and tlie burning of cities, spoken 
of by Thompson, Clay, Cleary, Tucker, and 
Sanders. Mr. Clement C. Clay was one of 
the prime movers in the matter before the 
raids were started. They received his direct 
indor.^ement. He represented himself to me 
as being a sort of representative of their War 
Department at Richmond. The men I have 
reference to, more especially Mr. Clay and 
Mr. Thompson, represented that they were 
acting under the sanction of their Govern- 
ment, and as having full power to act with 
reference to that; that they had full power to 
do any thing that they deeemed expedient and 
for the benefit of their cause. 

I was in Canada when arrangements were 
made to fire the City of New York. I left 
Canada to bring the news to Washington, 
two days before the attempt was made. It 
originated in Canada, and had the full sanc- 
tion of these men. 

Before the St. Albans' raid I knew of it; 
I was not, however, aware of the precise point 
aimed at, but I informed the Government at 
Washington that these men were aboutsetting 
out on a raid of that kind. I also informed 
the Government of the intended raids upon 
Bufi'alo and Rochester, and by that means 
prevented them. I heard Mr. Clay say, in 
speaking about the funds for paying these 
raids, that he always had plenty of money 
to pay for any thing that was worth paying 
for. I know that they had funds deposited 
in several different banks. They transacted 
considerable business with one which is, I 
think, called the Niagara District Bank; it 
was almost opposite to Mr. Clay's residence 
in St. Catherines. 

With respect to George N. Sander's posi- 
tion, Mr. Clay told me 1 had better not tell 
him all the things I was bent upon, nor all 
the things they intrusted to me; that he was 
a very good man to do their dirty work. 
Those were Mr. Clay's word.s. He said 
Sanders was associated witli men that they 
could not associat** with ; but that he was 



26 



THE CONSPIRACY TRIAL. 



▼ery useful in that way — a very useful man 
indeed. 

When Mr. Jacob Thompson spoke to me 
of tlic assassination, in January of this year, 
he said he was in favor of the proposition 
that had been made to him to put the 
President, Mr. Stanton, General Grant, and 
others out of the way; but had deferred 
giving his answer until he had consulted his 
Government at Richmond, and that he was 
only waiting their approval. I do not know, 
of my own knowledge, that he received an 
answer; my impression, from what Beverly 
Tucker saitl, was that he had received their 
answer and their approval, and that they had 
been detained waiting for that 

Cross-examined hy Mr. Aiken. 
I am originally from New York City. I 
received from the Confederate Government, 
for going to Gordonsville with those dis- 
patches, equivalent to §150, in greenbacks. 
I reported that fact to the War Department 
at Washington, and applied it on my ex- 
pense account as having been received 
from the United States Government. On my 
return from Gordonsville, I handed the 
original dispatches over to the authorities 
here. All those they selected to go ahead 
I carried on ; all those they did not, they 
retained. 

'Recalled for the Prosecution. — June 12. 

FA paper was hCi'e handed to the witness by the Judge 
Advocate. ] 

That paper I received from Clement C. 
Clay, jr., on the evening of the 1st or 2d of 
Kovember, 1804. I saw Mr. Clay write a 
very considerable portion of it myself, and a 
part of the letter was written with my own 
pen. It was written in his house, in St. 
Catherines, Canada West, which, I believe, is 
on Park Street. I delivered a copy of that 
letter to the Hon. C. A. Dana, Secretary of 
War, here in Washington. I was instructed 
to deliver the original to Mr. Benjamin, Sec- 
retary of State of the Confederate States, if 1 
could get to Richmond, and to tell him that 
I was informed of the names that were to be 
inserted in the blanks in the original letter. 
There are two or three such blanks left for 
names, ^fhore was no signature to the letter, 
which was omitted principally for my safety, 
and also that, in the event of its being seized, 
it could not be used as evidence against Mr. 
Clay. Both of the.se reasons were given to 
me by Mr. Clay. Mr. Clay left Canada about 
the 1st of January. 

( The oriiriniil of the following letter was then read and 
put in evidence: ] 

St. Cathebines, C. W., November 1, 18M. 
Hon. J. P. Benjamin, Secretary of State, Rich- 
mond, Virginia : 

Sir: You have doubtless learned, through 
the press of the United States, of the raid on 
St. Albans, Vermont, by about twenty-rtve 
Confederate soldiers — nearly all of them es- 



'caped prisoners — led by Lieutenant Bennett 
III. Young; of their attempts and failure to 
j burn tlie town; and of their robbery of three 
banks there of the aggregate amount of about 
§200,000; of their arrest in Canada by United 
[States forces, their commitment, and the pend- 
jing preliminary trial. There are twelve or 
fourteen of the twenty-five who have been 
I arrested, and are now in prison at Montreal, 
where the trial for commitment for extradi- 
tion is now progressing. A letter from Hon. 
J. J. N. Abbott, the leading counsel for the 
prisoners, dated Montreal, 2Sth October, says 
to me: "We (prisoners' counsel) all think it 
quite clear that the facts will not justify a com- 
mitment for extradition under the law as it 
stands, and we conceive the strength of our 
position to consist in the documents we hold, 
establishing the authority of the raiders from 
the Confederate States Government. But 
tliere is no doubt that this authority might 
be made more explicit than it is, in so far as 
regards the particular acts complained of, and 
1 presume the Confederate Government will 
consider it to be their duty to recognize offi- 
cially the acts of Lieutenant Young and his 
party, and will find means to convey such 
recognition to the prisoners here, in such a 
tbrm as can be proven before our courts. If 
this were accompanied or followed by a de- 
mand upon our Government that the pris- 
oners be set at liberty, I think a good etiect 
would be produced, although probably the 
application would not be received by the au- 
thorities. There will be at least a fortnight's 
time, and probably more, expended in the ex 
amination of witnesses; so that there will be 
plenty of time for any thing that maj' be 
thought advisable to be done in behalf of the 
prisoners." 

1 met Mr. Young at Halifax, on my way 
here, in May last. He showed me letters 
from men whom I know, by reputation, to be 
true friends of States' rights, and therefore 
of Southern independence, vouching for his 
integrity as a man, his piety as a Christian, 
and his loyalty as a soldier of the South. 
After satisfying me that his heart was with us 
in our struggle, and that he had suffered im- 
prisonment for many months as a soldier of 
the Confederate States army, from which he 
had escaped, he developed his plans for retal- 
iating on the enemy some of the injurie.s and 
outrages inflictc<l upon the South. I thought 
them feasible and fully warranted by the law 
of nations, and therefore recommended him 
and his plans to the Secretary of War. He 
was sent back by the Secretary of War, with 
a commission as Second Lieutenant, to exe- 
cute his plans and purposes, but to report to 

Hon. and my.-cli. We prevented his 

achieving or atteirpting what I am sure he 
could have done, for reasons which may be 
lully explained hereafter. Finally, disap- 
pointed in his original purpose and in all the 
subsequent enterprises projected, he proposed 
to return to the Confederate States, via Hali- 



TESTIMONY OF RICHARD MONTGOMERY. 



27 



fax, but passing through the New England 
States, and burning some towns, and robbing 
them of wliatever he could convert to the use 
of the Confederate Government. This I ap- 
proved as justifiable retaliation. He at- 
tempted to burn the town of St. Albans, 
Vermont, and would have succeeded but lor 
the failure of the chemical preparations with 
which he was armed. Believing the town 
was already tired in several places, and must 
be destroyed, lie then robbed the banks of all 
the funds he could find — amounting to more 
than $200,000. That he was not prompted 
by selfish or mercenary motives, and that he 
did not intend to convert the funds taken to 
his own use, but to that of the Confederate 
States, I am as well satisfied as I am that he 
is an honest man, a true soldier, and patriot; 
and no one wlio knows him well will ques- 
tion bis title to this cliaracter. He assured 
me, before going on the raid, that his efforts 
would be to destroy towns and farm houses, 
not to plunder or rob; but he said if, after 
firing a town, he saw he could take funds 
from a bank, or any house, which might in- 
flict injury on the enemy and benefit his own 
Government, he would do so. He added, 
most emphatically, that whatever he took 
should be turned over to the government or 
its representatives in foreign lands. My in- 
etructions to him, oft repeated, were "to 
destroy whatever was valuable; not to stop 
to rob; but if, after firing a town, he could 
seize and carry off money, or treasury or 
bank notes, he might do so, upon condition 
that they were delivered to the proper au- 
thorities of the Confederate States." That 
they were not delivered according to his 
promise and undertaking was owing, I am 
sure, to the failure of his chemical compound 
to fire the town, and to the capture of him- 
self and men on Canadian soil, where they 
were surprised and overpowered by superior 
numbers from the United States. On show- 
ing me his commission and his instructions 
from Mr. Seddon — which were, of course, 
vague and indefinite — he said he was au- 
thorized to do all the damage he could to the 
enemy in the- way of retaliation. If this be 
true, it seems to me the Confederate States 
Government should not hesitate to avow his 
act was fully authorized as warrantable re- 
taliation. If the Government do not assume 
the responsibility of this raid, I think Lieu- 
tenant Y. and his men will be given up to 
the United States authorities. If so, I fear the 
exasperated and alarmed people of Vermont 
will exert cruel and summary vengeance 
upon them before they reach the prison at 
St. Albans. 

The sympathies of nine-tenths of the Can- 
adians are with Young and his men; a ma- 
jority of all the newspapers justify or excuse 
his act as merely retaliatory, and they desire 
only the authority of the Confederate States 
Government for it to refuse their extradition. 
The refusal of extradition is fully warranted 



by the like course of the United States in 
many cases, cited lately in the Canadian pa- 
pers, which I can not now repeal, but which 
you can readily find. The refusal of extra- 
dition would have a salutary political influ- 
ence, it is thought, both in the British Prov- 
inces and in England. I can not now explain 
why. I trust, therefore, for the sake not only 
of the brave soldiers who attempted this dar- 
ing exploit, (which has caused a panic through- 
out the United States bordering on Canada, 
and the organization of forces to resist, as 
well as the arbitrary and tyrannous order of 
General Dix touching the coming Presidential 
election,) but, for the sake of our cause and 
country, that the President will assume the 
responsibility oftheactof Lieutenant Bennett 
H. Young, and that you will signify it in such 
form as will entitle it to admission as evidence 
in the pending trial. 

I send the special messenger who brings 
this, that your answer may be brought back 
by him within ten days or by 11th instant. 
The final judgment can and will be post- 
poned lor the action of the Confederate States 
Government as long as possible — certainly 
for ten days. 

I avail myself of this opportunity to bring 
to your notice the case of Captain Charles H. 
Cole, another escaped prisoner of General For- 
rest's command, who was taken about six 
weeks since in the Michigan, (the Federal war 
steamer on Lake Erie,) and is charged with 
an attempt at piracy, (for attempting to cap- 
ture the vessel,) with being a spy, etc. The 
truth is, that he projected and came very near 
executing a plan for the capture of that ves- 
sel and the rescue of the prisoners on John- 
son's Lsland. He failed only because of the 
retttrn of the Captain (Carter) of the Michi- 
gan a day sooner than expected, and the be- 
trayal (in consequence of C.'s return) of the 
entire plot. The only plausible ground for 
charging him with being a spy is that he 
was in Sandusky, on Johnson's Island, and 
in the Michigan frequently, without having 
on his person the Confederate uniform, but 
wearing the dress of a private citizen. Mr. 

and I have addressed a letter to the 

commandant at Johnson's Island, protesting 
against his being treated as a spy for the 
following reasons: "That he was in tlie ter- 
ritory of the United States as a prisoner 
against his consent; that he escaped by 
changing his garb; that he had no Confed- 
erate uniform when he visited Sandusky, 
Johnson's Island, and the Michigan; that he 
did not visit them as an emissary from the 
Confederate States; that whatever he con- 
ceived, he had not executed any thing; that 
he had conveyed no information to his Gov- 
ernment, and did not contemplate conveying 
any information to the Government." His 
trial has been postponed. I know not why, 
or to what time. His exchange should be pro- 
posed, and notice given that any punishment 
inflicted on him will be retaliated upon an 



28 



THE CONSPIRACY TRIAL. 



oflicer of equal rank. He ie a very brave 
and daring soldier and patriot, and deserves 
the protection of his Government. 

1 wrote to you on the 14th of June; to the 
President, 25th July; and to you again on the 
lllh August and 12th September last I 
trust you received those letters. Mr. II. 
(who, I see, has gotten into the Confederate 
States) has doubtless explained things here. 
I have never received a line from you or any 
person, except my brother, at Richmond. 

I have not changed the views expressed in 
my former communications. All that a large 
portion of the Northern people — especially in 
the North-west — want to resist the oppres- 
sions of tlie despotism at Washington, is a 
leader. They are ripe for resistance, and it 
may come soon after the Presidential election. 
At all events, it must come, if our armies are 
not overcome and destroyed or dispersed. 
No people of the Anglo-Saxon blood can 
long endure the usurpations and tyrannies 
of Lincoln. Democrats'are more hated by 
Northern Republicans than Southern rebels, 
and will be as much outraged and persecuted 
if Lincoln is re-elected. They must yield to 
a cruel and disgraceful despotism or fight. 
They feel it and know it. 

I do not see that I can achieve any thing 
by remaining longer in this Province, and, 
unless instructed to stay, shall leave here by 
20th instant lor Halifax, and take my chances 
for running the blockade. If I am to stay 
till spring, I wish my wife to join me under 
flag of truce, if possible. I am afraid to 
risk a winters residence in this latitude and 
climate. 

I need not sign this. The bearer and the 
person to whom it is addressed can identify 
me. 

But I see no reasons why your re.«ponse 
should not be signed and sealed, so as to 
make it evidence, as suggested, in respect to 
the St. Albans' raid. A statement of pris- 
oners' counsel has been sent by way of Hal- 
iftix and Wilmington, but it may never reach 
you, or not in time for the deliverance of the 
prisoners. This is my chief reason for send- 
ing this by one 1 can trust. Please reply 
promptly, and start the messenger back as 
soon as possible. He will explain the char- 
acter of his mission. Send under a seal that 
can not be broken without being discovered. 

I am respectfully, your most obedient 
servant. 

N. B. See the Secretary of War (Mr. Sed- 
don) touching Young's case. 

Hecalled for the Prosecution. — June 13. 

The time occupied to go by rail from Mon- 
treal to Washington City, is between thirty- 
six and thirty-eight hours. The train which 
leaves Montreal at 3 oclock in the afternoon 
connect.^! with trains (or Washington, so that 
a person leaving at 3 o'clock on the aflernoon 
of the 12th, would certainly reach Washing- 
ton before daylight on the morning of the I4th. 



William II. Roiirer. 
Par the Prosecution. — Ju7ie 13. 
1 am acquainted with Clement C. Clay, jr., 
formerly of tiie United States Senate. 1 have 
had opportunities for becoming well acquaint- 
ed witii his handwriting. I iiave examined 
the paper that has been testified to by Richard 
Montgomery, and from memory and com- 
parison, I have no hesitation in pronouncing 
it the writing of Clement C. Clay. 

S.'i.NFORD COXOVER. 

For the Prosecution. — May 20. 

I was born in New York, and educated 
there. Since October last, I have resided in 
Montreal, Canada. Previous to that, I re- 
sided a short time in Baltimore. Before that, 
I was conscripted, from near Columbia, S. C, 
into the rebel service, but was detailed as a 
clerk, and served as such in the rebel War 
Department at Richmond, for upward of six 
months. Mr. James A. Seddon was at that 
time the rebel Secretary of War. I "ran the 
blockade' from Richmond, by walking mo.st 
of the way. I rode on the cars to Hanover 
Junction, and from there walked up through 
Siiickersville to Charlestown, Va., and from 
there to Harper's Ferry, and so on. 

While in Canada, 1 was intimately ac- 
quainted with George N. Sanders, Jacob 
Thompson, Clement C. Clay, Dr. Blackburn, 
Beverly Tucker, William C. Cleary, Lewis 
Castleman, Rev. M. Cameron, Mr. Porterfield, 
Captain Magruder, General Frost of Mis- 
souri, General Carroll of Tennessee, and a 
number of others of less note. Of the ac- 
cu.sed who visited these person.", I knew John 
Wilkes Booth and John H, Surratt. Booth 
I saw but once. That was in the latter part 
of October last. I think I saw him with 
Sander.*, and also at Mr. Thompson s. I saw 
him principally about the St. Lawrence Hall. 
He was strutting about there, di-ssipating, 
playing billiards, etc. 

Surratt I saw in Montreal somewhere 
about the 6th or 7th of April last, on several 
successive days. Surratt is a man of about 
five feet, nine, ten, or eleven inches; a spare 
man, light complexioned, and light hair. I 
saw him in Mr. ThomjisJon s room; and, from 
the conver.-<ation, Surratt had just brought dis- 
patches from Richmond to Mr. Thompson, 
to which their conversation rrferred. One 
dispatch was from Mr. Benjamin, tlie rebel 
Secretary of State, and there was also a letter, 
1 think in cipher, from Mr. Davis. I had 
previously had some conversation with Mr. 
Thompson on the subject of the plot to as- 
sassinate Mr. Lincoln and his Cabinet, and I 
had been invited by Mr. Thompson to par- 
ticipate in tlie enterpri.se. 

On the occasion when Surratt brought the 
dispatches, Tliomp.soii laid his hand on them 
and said, " This makes the thing all right," 
referring to the assent of the rebel authori- 
ties. Mr. Lincoln, Mr. Johnson, the Score- 



TESTIMONY OF SANFORD CONOYER. 



29 



tary of War, the Secretary of State, Judge 
Clmse, and General Grant were to be victims 
of this plot. 

Mr. Thompson said, on one of these oc- 
casions, tliat it would leave the Government 
entirely Avithout a head. That there was no 
provision in the Constitution of the United 
States by which, if these men were removed, 
they could elect another President. Mr. 
Welles (Secretary of the Navy) was also 
named; but Mr. Thompson said it was not 
worth while to kill him. 

My first interview with Mr. Thompson 
was at his room, in the St Lawrence Hall 
Hotel, Montreal, in the early part of February 
last. I had called on him to make some 
inquiry about the intended raid on Ogdensburg, 
N. Y., which had failed because the United 
States Government had received intimation 
of the intentions of the rebels, and were pre- 
pared for it. Mr. Thompson said, "We will 
have to drop it for a time, but we will catch 
them asleep yet." And he added, "There is 
a better opportunity, a better chance to im- 
mortalize yourself and save your country." 
I told him I was ready to do any thing to 
save the country, and asked what was to be 
done. He said, "Some of our boys are go- 
ing to play a grand joke on Abe and Andy." 
This led to explanations, when he informed 
me it was to kill them, or rather "to remove 
them from office." He said it was only re- 
moving them from office; that the killing of 
a tyrant was no murder. Thompson had 
blank commissions, and he told me then, 
or subsequently, that he had conferred one 
on Booth; that he had been commissioned, 
and that everybody that engaged in the enter- 
prise would be commissioned ; so that, if it 
succeeded or failed, if they escaped to Canada, 
they could not be successfully claimed under 
the Extradition Treaty. 

I know, of my own personal knowledge, 
that the commission conferred on Bennett 
H. Young, the St. Albans' raider, was a 
blank commission, filled up and conferred by 
Mr. Clay. The name attached to it, when it 
came into the hands of these men from 
Richmond, was that of James A. Seddon, 
Secretary of War. I saw this commission, 
and I was asked by Mr. Thompson as to the 
genuineness of Seddon's signature, having 
been a clerk in his department. I testified 
before Judge Smith, in the presence of Mr. 
Thompson, Sanders, Young, and Mr. Abbot, 
the counsel in the case, that the signature 
of Seddon was genuine. T am well ac- 
quainted with the handwriting of James A. 
Seddon, and know that the blank commis- 
sion was in his handwriting. 

These commissions were left blank, except 
the signature of Seddon, the rebel Secretary 
of War; the names were filled up in Canada. 
These commissions were conferred at pleasure 
upon those who engaged in any enterprise, 
and it was understood to be a cover, so that 
in cafie they were detected they could claim 



that they were rebel soldiers, and to be pro- 
tected and treated as prisoners of war. Booth, 
I believe, was specially commissioned for the 
assassination project. The commission of 
Bennett H. Young was of this sort, and was 
filled up and conferred by Mr. Clay. 

On the day before, or the very day of the 
assassination, I had a conversation with Mr. 
Wm. C. Cleary, at the St. Lawrence Hotel, 
in Montreal. We were speaking of the re- 
joicings in the States over the surrender of 
Lee and the capture of Richmond, etc, and 
Cleary remarked that they would put tlie 
laugh on the other side of their mouth in a 
day or two. The conspiracy was talked of 
at that time about as commonly as one would 
speak of the weather. 

Before this I had a conversation with 
George N. Sanders, who asked me if I knew 
Booth very well. He expressed some appre- 
hension that Booth would make a fizzle of 
it; that he was dissipated and reckless, and 
he was afraid the whole thing would prove 
a failure. 

While in Canada I was a correspondent 
of the New York Tribune. I communicated 
to the New York Tribune the contemplated 
assassination of the President and the in- 
tended raid on Ogdensburg. The assassina- 
tion plot they declined to publish, because 
they had been accused of publishing sensa- 
tion stories. The plot of the assassination I 
communicated in March last, and also in 
February, I think; certainly before the 4th 
of March. 

I saw John H. Surratt in Montreal, about 
the 7th to the 9th of April, within four or 
five days of the assassination of the Presi- 
dent. From the whole of his conversation I 
inferred that he was to take his part in the 
conspiracy on the President and his Cabinet, 
whatever that conspiracy might be. I do 
not remember that I heard any thing said 
about money or compensation, but it was al- 
ways well understood that there was plenty 
of money where there was any thing to be 
done. At the time of this conversation I 
understood that John H. Surratt was just 
from Richmond. 

In the conversation I had with Mr. 
Thompson in February, he said that killing 
a tyrant in such a case was no murder. He 
asked me if I had ever read the work enti- 
tled "Killing, no Murder," a letter addressed 
by Col. Titus to Oliver Cromwell. Mr. Ham- 
lin was also to have been included had the 
scheme been carried out before the 4th of 
March. In the conversation in April, Mr. 
Hamlin was omitted, and Vice-President 
Johnson put in his place. 

There was a proposition before these par- 
ties to destroy the Croton Dam, by which the 
City of New York is supplied with water. It 
was supposed it would not only damage the 
manufactories, but distress the people gener- 
ally very much. Mr. Thompson remarked 
that they would have plenty of fires, and 



30 



THE CONSPIRACY TRIAL. 



tlic whole city would soon be destroyed by a 
{rciV-ral contlairration, witiioiit sending any 
XeiuiedT or a!iyliO(]y else tliere; and, he 
added, if they liad thought of tliis scheme 
before, they might liave saved some necks. 
Tiiat was said a few weeks ago, when Mr. 
Thompson, Sanders, Castleman, Gen. Carroll, 
and myself were present. 

I heard a great deal of talk about the 
attempted descent upon Chicago last year; 
that they had some eight hundred men con- 
cealed there; their object, as stated by 
Thompson and others, was the release of 
the rebel prisoners at Camp Douglas. 

Cross-examined hi/ Mr. Doster. 

I do not think I ever saw either of the 
prisoners, Atzerodt or Payne, in Canada. 

Cross-examined by Mr. Aikex. 

I left Richmond to go North in December, 
I8G.3. I afterward, while in Washington, 
became a correspondent of the New York 
Tribune, and in October of last year I went 
to Canada in that capacity. I received com- 
pensation for my services as correspondent to 
the Tribune, but have never received any pay 
from the Government, nor the promise of 
any, nor have I ever received any pay from 
the Confederate Government. The parties in 
Canada did not know that I corresponded 
with the Tribune. I was freely admitted to 
their meetings and enjoyed their confidence. 

My rea.«on for communicating the intended 
assassination to the Tribune, and not directly 
to the Government, was that I supposed that 
the relations between the editor and propri- 
etor of the Tribune and the Government were 
such, that t-liey would lose no time in giving 
them information on the subject. In regard 
to the conspiracy, as well as to some other 
secrets of the rebels in Canada, I requested 
Mr. Gay of the Tribune to give information 
to the Government, and I believe he has for- 
merly done so. 

I met John H. Surratt in Mr. Thompson's 
room, and once in Mr. Sander's room. I 
spoke to Surratt, asking him what changes 
there were in Richmond, and how the place 
looked. While in Canada I went by the 
name of James Wat.son Wallace. 

I heard the burning of the City of New 
York di.><cussed by these parties, but I knew 
no particulars until after the attempt had 
been made. I never heard the name of Mary 
E. Surratt mentioned in any one of these 
conferences. 

Cross-examined by Mr. Cox. 

In February, I think it was, I heard the 
project of capturing the President and carry- 
ing him off to Richmond talked of When 
Mr. Thompson first suggeste<l that T should 
participate in the attempted assassination, I 
asked if it would meet with the approbation 
of the Government at Richmond; he said he 
thought it would, but he would know in a 



few days. That was early in February. It 
was in April, in Surratt's presence, that he 
referred to the dispatches that had been re- 
ceived from Richmond, part of which were 
in cipher, as having furnished the assent. 

Hecalled for the Prosecution. — May 22. 

The Dr. Blackburn to whom I referred in 
my previous testimony, is the same that 
packed a number of trunks with infected 
clothing, for the purpose of introducing pes- 
tilence into the States. I have seen him 
a.ssociating with Jacoi) Thompson, (Jeorge 
N. Sanders, his son, Lewis Sanders, Ex-(Jov. 
Westcott of Florida, Lewis Castleman, Wil- 
liam C. Cleary, Mr. Porterfield, Capt. Magru- 
der, and a number of rebels of less note. Dr. 
Blackburn was there known and represented 
himself as an agent of the so-called Confed- 
erate Government, just as Jacob Thompson 
was an agent. In June last, I knew of Dr. 
Blackburn's trying to employ Mr. John 
Cameron, who lived in Montreal, to accom- 
pany him to Bermuda, for the purpose of 
taking charge of goods infected with yellow 
fever to bring to the cities of New York, 
Philadelphia, and, I understood, Washington. 
Cameron declined to go, being fearful of 
taking the yellow fever and dying himself. 
Compensation to the amount of several 
thousand dollars, he tojd me, had been of- 
fered him, whifili I understood was to be 
paid by Dr. Blackburn, or by other rebel 
agents. Mr. Jacob Thompson, T understood, 
was the moneyed agent: the others drew on 
him for what money they required. There 
were otlier parties in Montreal that Dr. 
Blackburn employed, or endeavored to em- 
ploy, whom I knew by sight, but do not re- 
member their names. There were two med- 
ical studentjj. I heard Blackburn say that 
he went from Montreal to Bermuda, or some 
of the West India Islands, about a year ago 
last June, for tiie express purpose of attend- 
ing cases of yellow fever, and collecting in- 
fected clothing, and forwarding it to New 
York, but for some reason the .scheme failed. 
C>n one occasion, I remember, Jacob Thomp- 
son, Mr. Cleary, and, I think, Lewis Sanders, 
were present when Dr. Blackburn spoke of 
his enterprise. They all favored it, and were 
all very much interested in it. 

It was proposed to destroy the Croton Dam 
at New York. Dr. Blackburn proposed to 
poison the reservoirs, and made a calcula- 
tion of the amount of poisonous matter it 
would require to impregnate the water so 
far as to render an ordinary draught poison- 
ous and deadly. He had taken the capacity 
of the reservoirs, and the amount of water 
that was generally kept in them. Strychnine, 
arsenic, prussic acid, and a number of others 
were spoken of as the poisons which he pro- 
posed to use, Blackburn regarded the 
scheme as feasible; Mr. Thompson, how- 
ever, feared it would be impossible to collect 
60 large a quantity of poisonous matter 



TESTIMONY OF SANFORD CONOVER. 



31 



without exciting suspicion, and leading to the 
detection of the parties. Wliether the scheme 
has been entirely abandoned or not, I do not 
know; but so far as the blowing up of the 
dam is concerned it has not been. Jacob 
Thompson fully approbated the enterprise, 
and discussed it freely, together with Mr. 
Lewis Sanders, Mr. Cleary, and Mr. M. A. 
Fallen of Mississippi, who had been a sur- 
geon in the rebel army. The matter was 
discussed in June last, and I have heard it 
spoken of since. When Mi*. Thompson 
made the suggestion that the collection of so 
large an amount of poison might attract at- 
tention to the oj^eration, Mr. Fallen and others 
thought it could be managed in Europe. 
Fallen is a physician. 

Among others that I knew in Toronto was 
Dr. Stuart Robinson, a Doctor of Diviiiity, 
a refugee from Kentucky, where he had been 
editor of a journal, called the True Fresby- 
terian. He was present when some of these 
schemes were being discussed. I remember 
he approved of the poisoning of the Croton 
water. He said any thing under heaven, tliat 
could be done would be justifiable under 
the circumstances. He is regarded as one of 
the most intense of all the traitors who have 
taken refuge in Canada; he is, I believe, 
related to the Breckinridges of Kentucky. 
Dr. Robinson appeared to be on intimate 
terms with Jacob Thompson and Dr. Black- 
burn. 

I saw John H. Surratt in Canada three or 
four days after the assassination of the 
Fresident. I saw him in the street with a 
Mr. Porterfield. I learned immediately after 
that Surratt was 8usi»ected; that otKcers were 
on his track; and that he had decamped. 
Mr. Forterfield is a Southern gentleman, 
now a British subject, having been made so, 
I believe, by a special act of the Canadian 
Parliament. He has been for some time a 
broker or banker there. He is the agent 
who took charge of the St. Albans plunder 
for the Ontario bank, when prematurely 
given up by Judge Coursol. Fortertreld is 
on very intimate terms with Thompson and 
Sanders. 

When Mr. Thompson received the dis- 
patches from Richmond in April assenting 
to the assassination, there were present Mr. 
Surratt, General Carroll of Tennessee, I think 
Mr. Castleman, and I believe there were one 
or two others in the room, sitting farther 
back. General Carroll participated in the 
conversation, and expressed himself as more 
anxious that Mr. Johnson should be killed 
than anybody else. He said that if the 
damned prick-louse were not killed by some- 
body, he would kill him himself His ex- 
pression was a word of contempt for a tailor, 
BO I have always understood. At this inter- 
view it was distinctly said that the enter- 
prise of assassinating tlie President was fully 
confirmed by the rebel authorities at Rich- 
mond. 



Booth, whom I saw on one occasion in 
conversation with Sanders and Thompson, 
went by the nick-name of " Pet." I so heard 
him called by Mr. Thompson, I think; by 
Cleary, I am sure, and .by others. 

The firing of New York City was recog- 
nized among these parties as having been 
performed by the authority of the rebel Gov- 
ernment, and was by the direction of Mr. 
Thompson. I so learned from Mr. Thomp- 
son, or at least from conversation in Lis pres- 
ence. Thompson said Kennedy deserved to 
be hanged, and he was devilish glad he had 
been, because he was a stupid fellow, and a 
bungler, and had managed things badly. 

I have always, in my convictions and feel- 
ings, been loyal to the Government of the 
United States, and escaped from the rebel 
service the first moment I had opportunity. 
I know, of my own personal knowledge, that 
Jefferson Davis was the head of the so-called 
Confederate States, and was called its Presi- 
dent, and acted as sucli, controlling its armies 
and civil administration. 

Recalled for the Prosecution. — June 27. 

[The following was read hy the Judge Advocate from a 
volume published in Montreal, by John Lovell, St. Nich- 
olas Street, lSt;5, entitled " Thr; St. Albans Raid; or, In- 
vestiRation into the ('harges against Lieutenant Bennett 
II. Young and Command for their Acts at St. Albans, Yt., 
on the 19th of October, 181)4," at page 212: ] 

James Watson Wallace, of Virginia, on his 
oath, saith : I am a native of Virginia, one of 
the Confederate States. I resided in Jeffer- 
son, in the said State. I left that State in Oc- 
tober. I know James A. Seddon was Secretary 
of War last year. Being shown and having 
examined the papers M, N, and 0, I say that, 
from my knowledge of his handwriting, the 
signatures to said papers are the genuine 
signatures of the said James A. Seddon. I 
have seen him upon several occasions write 
and sign his name. He has signed docu- 
ments, and afterward handed them to me, in 
my presence. I never was in the Confeder- 
ate army. I was commissioned as Major to 
raise a battalion. I have seen a number of 
the commissions issued by the Confederate 
Government, and the commission of Lieu- 
tenant Young, marked " M," is in the usual 
form of all commissions issued in the army, 
which are always signed by the Secretary of 
War. I never served ; I was incapacitated 
by an accident, and being then kidnapped by 
the Northerners. 

I was in Richmond in September last. I 
then visited the War Department. It waa 
then notorious that the war was to be carried 
into New England in the same way that the 
Northerners had done in Virginia. When I 
was in Virginia, I lived in my own house, 
until I was burned out, and my family were 
turned out by the Northern soldiers. 

The counsel for the United States object 
to the whole of this evidence as illegal, 
irrelevant, and foreign to the issue, and conse- 
quentlv decline to cross-examine. 

[Signed] J. WATSON WALLACE. 



32 



THE CONSPIRACY TRIAL. 



[ The witncM proceeded :] 

That contains my testimony in that case, 
and a groat deal more that 1 did not give. 
It is compounded of the testimony of myself 
and of a James Wallace, who also was ex- 
amined in that case. There was also a 
William Pope Wallace, who gave testimony 
in that case, and I do not know but a fourth 
Wallace. The testimony of James Wal- 
lace is included in that of James Watson 
Wallace, the name under which I was there 
known. The testimony I gave on that oc- 
casion was correctly reported in the Witness; 
I think also in the Montreal Transcript. In 
the Gazette, and I think in the Telegraph, 
the report was the same as appears in that 
book, which was, I believe, printed from type 
eet up in the Telegraph office. 

[Thf following, cut from a nowspap<'r, was then read by 
the Judge Advocate, and afterward offered in evidence: ] 

James Watson Wallace, sworn : I reside 
at present in this city ; have been here since 
last October; formerly resided in the Con- 
federate Slates. 1 know .James A. Seddon ; 
he occupied the position of Secretary of War. 
I should say the signatures to the papers M, 
N, 0, are those of the said Seddon. I have on 
several occasions seen the signature of James 
A. Seddon, and have seen him on several 
occasions sign his name; he has signed docu- 
ments in my presence, and handed them to 
me after signing. I never belonged to the 
Confederate army, hut have seen many com- 
missions issued by the Confederate Govern- 
ment. The commission of Lieutenant Young, 
marked M, is in the usual form. The army 
commissions are always signed by the Secre- 
tary of War. I have never seen a commis- 
sion with the signature of the President or 
with the seal of the Government. The Con- 
federate States, at the time I left the country, 
had no seal; one had been devised, but had 
not been prepared. 

[ The witness continued : ] 

That paragraph appeared in either the 
Witness or the Transcript, from one of which 
papers it is cut, and was published immedi- 
ately after the trial, and correctly reports 
the testimony I gave on that occasion. 

After giving my testimony here on the 
20th and '22d of May, I left this city and re- 
turned to Canada, under instructions from 
Judge Holt to procure a certified copy of the 
evidence before the Court in the St. Albans 
case. I met Beverly Tucker, G. N. Sanders, 
his son, Lewis Sanders, General Carroll of 
Tennessee, M. A. Pallcn of Mississippi, Ex- 
Governor Westcott of Florida, and a number 
of others. I had conversations with them, 
especially with Beverly Tucker and G. N. 
Sanders, in reference to events here in Wash- 
ington, connected with the assassination, and 
the trial of the assassins. At that time they 
had not the slightest suspicion that I had been 
a witness before this Commission. They there- 
fore re(;eived me with great cordiality, and the 
subject of the trial was very freely discussed. 



' Beverly Tucker made the remark, after din- 
ner — I dined with them — that that scoundrel 
Stanton, and that blood-thirsty villain Holt, 
might protect themselves as long as they re- 
mained in office, and could protect themselves 
by a guard, but tiiat would nut always be the 
case, and, by the Eternal, he had a large ac- 
; count to settle with them. Sanders never 
made such vehement threats as I have heard 
j Tucker and others make. Cleary threatened 
the officers of the Government for the execu- 
I tion of Beall. He said that Beall would have 
been pardoned if it had not been for Judge 
Holt; but, hesaid, "blood shall follow blood;" 
and added, "We have not done with them 
yet." He boasted of it, and reminded me, 
just after the killing of President Lincoln, 
of what he had said on a former occasion; 
namely, that retributive justice would come. 
He considered the killing of the President as 
an act of retributive justice. 

I had been in Canada at 7ny last visit but 
a short time when the parties of whom I 
have testified knew of my presence. 1 was 
not then aware that my testimony had been 
published, or I should not have gone there. 
While sitting in a saloon, one of the Cana- 
dian rebels came in, and, discovering my pres- 
ence, immediately reported it to the rest; 
then there came in more than a dozen — San- 
ders, Tucker, Carroll, and O'Donnel, the 
man who boasted of setting fire to houses 
in New York, and others. They at once 
accused me of betraying their secrets in be- 
coming a witness before this Commission. 
Not knowing at the time that my testimony 
had been published, I denied having testi- 
fied. They insisted that it was so, and that 
they would not be satisfied unless I would 
give them a letter stating that I had not tes- 
tified. I knew that it was only by doing 
something of that kind that I could get 
away from them. It was then arranged that 
I should go down to my hotel, and it was 
my intention, if I got out of their hands, to 
leave the place at once. When we got op- 
posite the St. Lawrence Hall they said, "We 
will go up here." O'Donnel had a room at 
the St. Lawrence Hall. Just as I liad en- 
tered his room, Beverly Tucker came in and 
said that a mere letter would not be suffi- 
cient; that, having testified before the Com- 
mission utnler oath, I must make an affida- 
vit under oath, to make my denial equally 
strong. This, at first, I docline<l to do, when 
a dozen of them assailed me in the most furi- 
ous manner, and O'Donml, drawing from his 
pocket a pistol, said if I would not consent. 
I could not leave that room alive. I still de- 
clined for a time, when Sanders said to me, 
"Wallace, you see what kind of hands you 
are in ; I hope you will not be foolisli enough 
to refuse." It was under these circumstances 
that I consented. 

Mr. Kerr, who defended the St. Albans raid- 
ers, was sent for to prepare the statement, when 
we adjourned to the room of Ex-Governor 



THE SUPPKESSED TESTIMONY. 



33 



Weetcott. I then again declined giving my 
oath to any statement, and again pistols 
were held to my head by one of Morgan's 
guerrillas. I do not know his name, but I 
know him well as a rebel soldier. O'Don- 
nel also presented his pistol at me, and as- 
sured me I must take the consequences if I 
would not do as they desired me. The affi- 
davit was read to me in Westcott's room ; I, 
however, paid little or no attention to it, and 
I there signed it, and went through the cere- 
mony of taking an oath. They also brought 
some other man in, accompanying Mr. Kerr. 
Kerr had no knowledge of the menaces 
under which I signed the paper. Beverly 
Tucker said, before Kerr came, that in order 
to make my deposition of any value, it .must 
seem that I did it willingly, and that I 
must not manifest any unwillingness to sign 
it before Kerr; if I did, they said they would 
follow me to hell. 

When Kerr brought the paper for me to 
sign, I did so without any remark; although 
the statements in the body of the paper are 
absolutely false. The following, which ap- 
peared in the Montreal Telegraph, and after- 
ward in the New York World, is a copy of 
the paper I signed. 

[ The paper was put in evidence. ] 

THE StJPPEESSED TESTIMONY. 

Sanford Conover v. James W. Wallace — A^- 
davits of the real Wallace — Five Hundred 
Dollars Reward offered for the Arrest of 
Conover — What Thompson said about a 
Proposition to Destroy Waterworks in North- 
ern Cities — Interesting Depositions. 

[ From the Montreal Evening Telegraph, June 10. ] 
^0 the Editor of the Evening Telegraph: 

Sir: Please publish my affidavit now 
handed you, and the advertisement subjoined. 
I will obtain and furnish others for publica- 
tion hereafter. I will add that if President 
Johnson will send me a safe conduct to go 
to Washington and return here, I will pro- 
ceed thither and go before' the Military Court 
and make profert of myself, in order that they 
may see whether or not I am the Sanford 
Conover who swore as stated. 

JAMES W. WALLACE. 

Montreal, June 8, 1865. 

Province of Can.vda, District op Montreal. 
James Watson Wallace, of the city and 
district of Montreal, counselor at law, being 
duly sworn upon the Holy Evangelists, doth 
depose and say : I am the same James Wat- 
son Wallace who gave evidence on the sub- 
ject of the St. Albans raid, which evidence 
appears on page 212 of the printed report of 
the said case. I am a native of the county 
of Loudon, in the Commonwealth of "Vir- 
ginia. I arrived in Montreal in the month 
of October last past. I resided during a por- 
tion of last winter and spring in houses in 
Craig Street and Monique Street, in the city 

3 



of Montreal. I have seen and examined the 
report of what is called the suppressed evi- 
dence before the Court-martial now being 
holden at Washington City on Mistress Sur- 
ratt, Payne, and others; and I have looked 
carefully through the report of the evidence 
in the New York papers of a person calling 
himself Sanford Conover, who deposed to 
the facts that while in Montreal he went by 
the name of James Watson Wallace, and 
gave evidence in the St. Albans raid investi- 
gation ; that the said Sanford Conover evi- 
dently personated me before the said Court- 
martial; that I never gave any testimony 
whatsoever before the said Court-martial at 
Washington City ; that I never had knowl- 
edge of John Wilkes Booth, except seeing 
him upon the stage, and did not know he 
was in Montreal until I saw it published, 
after the murder of President Lincoln ; that I 
never was a correspondent of the New York 
Tribune ; that I never went under the name 
of Sanford Conover; that I never had any 
confidential communication with George N. 
Sanders, Beverly Tucker, Hon. Jacob Thomj> 
son. General Can-oil of Tennessee, Dr. M. 
A. Pallen, or any of the others therein men- 
tioned ; that my acquaintance with every 
one of these gentleman was slight; and, in 
fine, I have no hesitation in stating that the 
evidence of the said Sanford Conover person- 
ating me is false, untrue, and unfounded in 
fact, and is from beginning to end a tissue 
of falsehoods. 

I have made this deposition voluntarily 
and in justice to my own character and name. 

[Signed] J. WATSON WALLACE. 

Sworn to before me, at Montreal, this 
eighth day of June, 1865. 

G. SMITH, J. P. 

I, Alfred Perry, of Montreal, do hereby 
certify that I was present when the said 
James Watson Wallace gave the above dep- 
osition, and that he gave it of his own free 
will; awid I further declare he is the same 
individual who gave evidence before the 
Honorable Justice Smith in the case of the 
St. Albans raiders. ALFEED PERRY ' 

Montreal, June 9. 

Extract from suppressed testimony given 
at Washington before the Military Commis- 
sion by Sanford Conover, alias J. Watson 
Wallace, on the first two days of the pro- 
ceedings, as published in the New York pa- 
pers: 

Q. State whether you did testify on the 
question of the genuineness of that signature 
of Seddon ? 

A. I did. 

Q. In what court? 

A. I testified before Judge that the 

signature was genuine. 

Q. State to the Court whether you are ac- 
quainted and familiar with the handwriting 



34 



THE CONSPIRACY TRIAL. 



of James A. Seddon, the rebel Secretary of 
War? 

A. Yes, sir. 

Q. State to the Court, upon your oath 
here, whether the signature to the blank 
commiBsion you saw was his genuine signa- 
ture or not? 

A. It was his genuine signature. 

Q. Did you go to Canada by the name of 
Samuel Conover? 

A. No, sir. 

Q. What name did you go there by? 

A. James Watson Wallace. 

iTlio witneBs continued:] 

Of Alfred Perry, the person named in the 
paper, I know nothing. I never heard of 
such a person. 

[The Judge Advocate here read the following, which 
was put in evidence:] 

Pbovin-ce or Canada, Disibict of Monikeal. 
William Hastings Kerr, of the city and 
district of Montreal, esquire, advocate, being 
duly sworn, doth depose and swear that he 
knows James Watson Wallace, late of Vir- 
ginia, but now and for the last seven months 
resident in the city of Montreal, counselor 
at law; that he, this deponent, was one of 
the counsel engaged for the defense in the 
affair of the investigation before the Hon. 
Judge Smith into the St Albans raid; that 
he was present in Court, and examined the 
said James Watson Wallace while the said 
investigation was going on, a report of whose 
testimony appears at page 12 of the printed 
case, published by John Lovell, of the said 
city of Montreal; that this deponent has fre- 
quently seen the said James Watson Wal- 
lace on private business, and has acted as the 
said James Watson Wallace's professional 
adviser in Montreal; that this deponent yes- 
terday saw the said James Watson Wallace 
in the said city of Montreal ; that he was 
present while the said James Watson Wal- 
lace denied that he, the said James Watson 
Wallace, was the person who, under the name 
of Sanford Conover, gave, before the 3Iilitary 
Commission or Court-martial* now and for 
Bome time past assembled in Washington, 
evicUince which has since been published as 
the suppressed evidence in the New York 
papers — he, the said James Watson Wal- 
lace, then and there declaring that some per- 
son hud personated him, the same James 
Watson Wallace, and had given testimony 
which, from beginning to end, was a tissue 
of falsehoods; tliat this deponent was present 
while the statements and denials of the said 
James Watson Wallace were reduced to writ- 
ing in his presence, and signed by the said 
Jamee Watson Wallace, and sworn to by him 
before G. Smith, Esq., one of her Majesty's 
justices of the peace; that the said James 
Watson Wallace then and there declared 
that he made the said affidavit voluntarily, 
and in order to clear himself from any 
ouapicioD of being the Sanford Conover in 



question. And this deponent saith that no 
force or violence was used to\rard the said 
James Watson Wallace, nor were any men- 
aces or threats made use of toward him by 
any one, but he seemed to be anxious to 
make the said affidavit, and to use all means 
in his power to discover the person who had 
so personated him, tlie said James Watson 
Wallace, before the Military Commission; 
and further this deponent saith not, and hath 
signed. WILLIAM H. KERR. 

Sworn before me at Montreal, this ninth 
day of June, eighteen hundred and sixtv-five. 
JAS. SMITH, J. S.' C. 

Five hundred dollars reward will bo 
given for the arrest, so that I can bring to 
punishment, in Canada, the infamous and 
perjured scoundrel who recently personated 
me under the name of Sanford Conover, and 
deposed to a tissue of falsehoods before the 
Military Commission at Washington. 

JAMES W. WALLACE. 

[The witness continued:] 

That paper and its preparation is part of 
the action referred to, and was prepared 
under the threat to which I have testified. 
I can not say positively that those parties 
attempted to detain me in Canada; I only 
know that I was rescued by the United States 
Government, through the interposition of 
Major-General Dix. 

Nathan Auser. 

For the Prosecution. — June 27. 

I reside in New York, and am acquainted 
witlT Sanford Conover, who has just testified; 
I have known him eight or ten years; his 
character for integrity and usefulness is good, 
as far as I know. I recently accompanied 
him to Montreal, in Canada, and was present 
at an interview which he had with Beverly 
Tucker, George N. Sanders, and that clique 
of rebel conspirators. After we went into 
O'Donnel's room, at Montreal, Mr. Cameron 
gave each of us a paper containing the evi- 
dence Mr. Conover gave here in Washington 
before the Commission, when he denied it. 
They told him he must sign a written paper 
to that effect, and if he did not, he would not 
leave the room alive. O'Donnel said that he 
would shoot him like a dog if lie did not. 
Mr. Conover was first going to his hotel to 
write the paper; at first they agreed to this, 
but when they got as far as St Lawrence 
Hall, they made up their minds they would 
not let him do this himself, and when they 
went upstairs, at the St Lawrence Hall, they 
would not allow me to go up. There were, 
I think, twelve or fifteen of the conspira- 
tors together; among them, Sanders, Tucker, 
O'Donnel, Gen. Carroll, Pallen, and Cameron. 
They all accompanied him for the purpose 
of preventing his escape, and obliging him to 
do what they required. 



TESTIMONY OF JAMES B. MERRITT. 



35 



James B. Merritt. 
For the Prosecution. — May 13. 

I was born in Canada, while my parents 
were on a visit there from their iiome, Oneida 
county, New York. I am a physician, and 
have resided for about a year in Canada; 
part of the time at Windsor, and part at 
North Dumfries, Waterloo county. 

In October or November last, I met at 
Toronto, George Young, formerly of Mor- 
gan's command ; a man named Ford, also 
from Kentucky ; and another named Graves, 
from Louisville. Young asked me if I had 
seen Colonel Steele before leaving Windsor. 
Steele was a rebel, and I understood had 
been in the rebel service. He asked me if 
Colonel Steele had said any thing to me in re- 
lation to the Presidential election. I told him 
he had not; he then said, "We have some- 
thing on the tapis of much more importance 
than any raids we have made or can make." 
He said it was determined that Old Abe 
ehould never be inaugurated; that, I believe, 
was his expression. They had plenty of 
friends in Washington, he said ; and, speak- 
ing of Mr. Lincoln, he called him a "damned 
old tyrant." I was afterward introduced to 
George N. Sanders by Colonel Steele. I asked 
Steele what was going to be done, or how he 
liked the prospects of the Presidential elec- 
tion, and he replied, "The damned old tyrant 
never will serve another term if he is elected." 
Mr. Sanders then said he (Lincoln) "would 
keep himself mighty Close, if he did serve an- 
other term." 

About the middle of February, a meeting of 
rebels was held in Montreal, to which I was in- 
vited by Captain Scott. I should think there 
were ten or fifteen persons present; among 
them were Sanders, Colonel Steele, Captain 
Scott, George Young, Byron Hill, Caldwell, 
Ford, Kirk, Benedict, and myself At that 
meeting a letter was read by Sanders, which 
he said lie had received from " the Presi- 
dent of our Confederacy," meaning Jefferson 
Davie, the substance of which was that if the 
people in Canada and the Southerners in the 
States were willing to submit to be governed 
by such a tyrant as Lincoln, he did not wish 
to recognize them as friends or associates; 
and he expressed his approbation of what- 
ever measures they might take to accomplish 
this object. The letter was read openly in 
the meeting by Sanders, after which it was 
handed to those present, and read by them, 
one after another. Colonel Steele, Young, 
and Hill, and I think Captain Scott, read it. 
I did not hear any objection raised. 

At that meeting Sanders named a number 
of persons who were ready and willing, as 
he said, to engage in the undertaking to re- 
move the President, Vice-President, the Cab- 
inet, and some of the leading Generals ; and 
that there was any amount of money to ac- 
complish the purpose, meaning the assas- 
eination. Booth's name was mentioned, ae 



also were the names of George Harper, 
Charles Caldwell, one Randall, and Hani- 
son, by which name Surratt was known, and 
whom 1 saw in Toronto. Another person, I 
think, spoken of by Sanders, was one they 
called " Plug Tobacco," or Port Tobacco. 
I think I saw the prisoner, D. E. Herold, in 
Canada. Sanders said that Booth was heart 
and soul in this project of assassination, and 
felt as much as any person could feel, for 
the reason that he was a cousin to Beall 
that was hung in New York. He said that 
if they could dispose of Mr. Lincoln, it would 
be an easy matter to dispose of Mr. John- 
son; he was such a drunken sot, it would 
be an easy matter to dispose of him in some 
of his drunken revelries. When -Sanders 
read the letter, he also spoke of Mr. Seward. 
I inferred that it was partially the language 
of the letter. It was, I think, that if the 
President, Vice-President, and Cabinet, or 
Mr. Seward could be disposed of, it would 
be satisfying the people of the North; that 
they (the Southerners) had friends in the 
North, and that peace could be obtained on 
better terms than could be otherwise ob- 
tained ; that they (the rebels) had endeavored 
to bring about the war between the United 
States and England, and that Mr. Seward, 
through his energy and sagacity, had 
thwarted all their efforts. This was sug- 
gested as one of the reasons for removing 
him. 

On the evening of Wednesday, the 5th of 
April last, I was in Toronto, and when on 
my way to the theater, I met Harper and 
Ford. They asked me to go with them and 
spend the evening; I declined, as I was going 
to the theater. The next morning I was 
around bv the Queen's Hotel, where I saw 
Harper, Caldwell, Kandall, Charles Holt, 
and a man called "Texas." Harper said 
they were going to the States, and were 
going to kick up the damnedest row that had 
ever been heard of An hour or two after- 
ward I met Harper, and he said if 1 did 
not liear of the death of Old Abe, and of the 
Vice-President, and ol' General Dix, in less 
than ten days, I might put him down as a 
damned fool. This was the 6th of April. 

Booth, I think, was mentioned as being in 
Washington. They said they had plenty of 
friends in Washington, and that there were 
some fifteen or twenty going there. On Sat- 
urday, the 8th of April', I was at Gait, five 
miles from which place Harper's mother 
lives, and I ascertained there that Harper 
and Caldwell had stopped there and had 
started for the States. 

When I found that they had left for 
Washington, probably for the purpose of 
assassinating the President, I went to Squire 
Davidson, a justice of the peace, to give in- 
formation and have them stopped. He said 
that the thing was too ridiculously or su- 
premely absurd to take any notice of; it 
would only appear foolish to give such inform- 



THE CONSPIRACY TRIAL. 



afion and cause arrests to be made on such 
grounds; it was so inconsistent that no person 
would believe it, and he declined to issue any 
[process. 

I was in Gait again on Friday after the 
assassination, and I found from Mr. Ford 
that Harper had been home on the day be- 
fore, an<l liad started to go back to the States 
again. 
\Some time last fall, one Colonel Aehly, a 
rebel sympathizer, and a broker at Windsor, 
handed me a letter which he had received 
from Jacob Thompson, asking him for funds 
to enable rebels to pay their expenses in going 
to the States to inake raids, as I understood; 
and, referring to the letter, he asked me to 
contribute. 

In February last I had a conversation with 
Mr. Clement C. Clay in Toronto. I spoke to 
him about the letter from Mr. Jefferson Davis 
that Sanders had exhibited in Montreal; he 
seemed to understand the nature and charac- 
ter of the letter perfectly. I asked him what 
he thought about it. He said he thought the 
end would justify the means; that was his 
expression. 

. Surratt was once pointed out to me, in Feb- 
ruary, in Toronto; he was pointed out to me 
by Scott, I think, while he and Ford and 
myself were standing on the sidewalk. 

I saw Booth in Canada two or three times; 
I sat at the table with him once at the St. 
Lawrence; Sanders, Scott, and Steele were at 
the same table. Sanders conversed with 
Booth, and we all drank wine at Mr. Sanders's 
expense. I have seen Booth a good many 
times on the stage, and know him very well 
by sight. 

[Tho witness, being here shown a photogrupli, idcntifi.'d 
it as that of J. Willies Booth. ] 

I received a letter from General James B. 
Fry, the Provost Marshal General, stating 
that he had received a letter written by Squire 
Davidson, giving information of my visit to 
him for the purpose of having Harper and 
Caldwell arrested. 

[ The following letter was then read, and put In evi- 
dence : ] 

War DErARTMENT, 

Provost Marshal (Jeneral's Bureau, 
Washington, D. C, April 2(t, I.SliS. 

Dr. J. B. Merritt, Ayr, Canada West : 

Sir: I have been informed that you pos- 
sess information connected with a plot to 
assassinate the President of the United States 
and other prominent men of this Government. 
The bearer has been sent to present this let- 
ter to you, and to accompany you to this 
city, if you will come. The Secretary of War 
authorizes me to pledge you protection and 
security, and to pay all expenses connected 
with your journey both ways, and in addition 
to promi.se a suitable reward if reliable and 
useful information is furnished. Independent 
of these considerations, it is hoped that the 
cause of humanity and justice will induce 
you to act promptly in divulging any thing 
you may know connected with the recent 



'■} 



tragedy in this city, or with any otlier plots 
yet in preparation. The bearer is directed to 
pay all expenses connected with your trip. 
I am, very respectfully, 

Your obedient servant, 

JAMES B. FRY, 
Provost Marshal General. 

Cross-examined by Mr. Stoxe. 

The man called Harrison I saw in Canada 
two or three times: I saw him once in a sa- 
loon, about the 15th or 20th of February; he 
was pointed out to me by Mr. Brown, I think, 
and I noticed him more particularly on ac- 
count of his name having been mentioned, in 
connection with others, at the meeting in 
Montreal. 

Cross-examined by Mr. Aiken. 

I was on confidential terms with tlie rebels 
in Canada because I represented myself as 
a good Southerner. The letter from Jeffer- 
son Davis, which was read by Mr. Sanders, 
was read to the meeting some time in Feb- 
ruary, and on the 1 0th of April I went to 
see the justice of the peace; he refused to 
accede to my request. I then called upon the 
Judge of the Court of A.ssizes ; made my 
statement to him, and he said I should have 
to go to the grand jury. I first communi- 
cated this information to the Government, I 
think, two weeks ago to-day, since the as- 
sassination of the President, though I under- 
stood the Government was in possession of 
the information before I communicated it 
direct. 

I saw Surratt in Toronto about the 20th 
of last February ; he was pointed out to me 
on the street, and pas.«ed down by me. Ford, 
who was with me, and who was present at 
the meeting held in Montreal, said, "Doctor, 
that is Surratt." He is a man five feet, six, 
seven, or eight inches, slim, and wore a dark 
moustache, and was dressed in ordinary 
clothes, like any gentleman would be, I think 
of a dark color. I am not positive that it 
was Surratt, because I do not know the man. 

I knew of the project to burn the City of 
New York. I heard it talked of in Windsor, 
and communicated the information to Colonel 
Hill, of Detroit, before the attempt was made. 
It was communicated to me by Robert Drake, 
and a man named Smith, botli formerly of 
Morgan's command. They both had been 
to Chicago to attend the Presidential Conven- 
tion there. They told me, after their return, 
that they went there for the purpose of re- 
leasing the rebel prisoners at Camp Douglas. 

I continued my intimacy with these rebel 
sympathizers for the purpose of giving inform- 
ation, when I should find it of importance. 
Nine-tenths of the people in Canada are rank 
rebel sympathizers, and my practice was 
mostly among Southerners. I have never re- 
ceived a dollar from the Government for fur- 
nishing any information from Canada, nor 
have 1 ever received any thing from the rebels 



TESTIMONY OF LIEUTENANT-GENERAL GRANT. 



37 



for services rendered tliem. I have proof in 
my pocket from the Provost Marshal at De- 
troit, that I furnished valuable information 
without any remuneration. 

Recalled for the Prosecution. — Jmie '21. 

On Friday, the 2d of June, I was in Mon- 
treal. At the St. Lawrence Hall I saw 
General Carroll. I introduced myself to 
him as Dr. Merrill of Memphis. There was 
a large family of Merrills residing there, who 
were physicians. He expres.sed considerable 
gratitication at seeing me, and he introduced 
me to Governor Westcott, and we conversed 
in reference to this trial. These men were 
not aware that I had testified before this 
Commission. My testimony was not pub- 
lished there until Tuesday, the 6th of June. 
Mr. Beverly Tucker said, in that conversation, 
that they had friends in Court, and were per- 
fectly posted as to every thing that was going 
on at this trial. Tucker said they had burned 
all the papers they had received from Rich- 
mond, for fear some Yankee would break into 
their room and steal them, and use them 
against them in this trial. In that interview, 
I should state that Governor Westcott ex- 
pressed no disloyal sentiments, and took no 
part in the conversation. 

George B. Hutchinson. 
For the Prosecution. — June 23. 

I am a native of England, and was an en- 
listed man in the service of the United States, 
from the r2th of June, 1861, to the 12th of 
November, 1862. I have resided in Canada 
for the last seven months. I have seen Clem- 
ent C. Clay, Beverly Tucker, George N. San- 
ders, and others of that class several times. 
[ last saw Clement C. Clay at the Queen's 
Hotel, Toronto, about the 12th or 13th of 
February. 

On the 2d of June, and on the morning of 
the 3d, I saw Dr. Merritt in conversation with 
Beverly Tucker, at the St. Lawrence Hall in 
Montreal. I heard Beverly Tucker say, in 
reply to a remark of Dr. Merritt, that he had 
burned all the letters, for fear some Yankee 
eon of a bitch might steal them out of his 
room, and use them in testimony against 
him. They were at the time speaking about 
this trial, and the charges against them. 
They were talking to Dr. Merritt as to one to 
whom they gave their confidence. 

Lieutenant-General U. S. Grant. 

For the Prosecution. — May 12. 

Since the 4th of March, 1864, I have been 
in the command of the armies of the United 
States. I met Jacob Thompson, formerly 
Secretary of the Interior under President 
Buchanan's administration, when the army 
was lying opposite Vicksburg, at what is 
called Milliken's Bend and Young's Point. 
A little boat was discovered coming up near 



the opposite shore, apparently surreptitiously, 
and trying to avoid detection. A little tiig 
was sent out from the navy to pick it up. 
When they got to it, they found a little white 
flag sticking out of the stern of the row-boat, 
and Jacob Thompson in it. The}' brought 
him to Admiral Porter's flag-ship, and I was 
sent for to meet him. I do not recollect the 
ostensible business he had. There seemed 
to be nothing at all important in the visit, 
but he pretended to be under a flag of truce, 
and he had therefore to be allowed to go back 
again. That was in January or February 
of '63; and it was the first flag of truce we 
had through. He professed to be in the 
military service of ihe rebels, and said that 
he had been oflTered a commission — anything 
that he wanted; but, knowing that he was 
not a military man, he preferred having some- 
thing more like a civil appointment, and he 
had therefore taken the place of Inspector- 
General, with the rank of Lieutenant-Colonel, 
in the rebel service. 

The military department of Washington 
embraces all the defenses of the city on both 
sides of the river. 

[The commission of Lieutenant-General Grant, dated 
March 4, 18(Jl, accompanied by Gteneral Orders No. 98, waJJ 
here offered in evidence.] 

Cross-examination by Mr. Aiken. 

All the civil courts of the city are in op- 
eration. I am not prepared to say exactly 
to what point the Department of Washing- 
ton extends ; any troops that belong to the 
command of Major General Augur, who com- 
mands the Department of Washington, sent 
out to any point, would necessarily remain un- 
der his command. Martial law, I believe, ex- 
tends to all the territory south of the railroad 
that runs across from Annapolis, running 
south to the Potomac and Chesapeake. 

I understand that martial law extends 
south of Annapolis, although I have never 
seen the order. 

Samuel P. Jones. 

For the Prosecution. — May 12. 

I resided in Richmond during a part of 
the war. I have often heard the officers and 
men of the Confederate army conversing re- 
specting the assassination of President Lin- 
coln. I have heard it discussed by rebel ofli- 
cers as they were sitting around their tents. 
They said they would like to see him 
brought there, dead or alive, and they thought 
it could be done. I heard a citizen make the 
Vemark that he would give from his private 
purse ten thousand dollars, in addition to the 
Confederate amount offered, to have the Presi- 
dent of the United States assassinated, and 
brought to Richmond, dead or alive. I 
have, besides that, heard sums offered to be 
paid, with the Confederate sum, for any per- 
son or persons to go north and assassinate 
the President. I judge, from what I heard, 



88 



THE CONSPIRACY TRIAL, 



that there was an amount offered by the'pany to which Captain Beall belonged, who 
Government in their trasl)y paper, to assas-jwas executed at Governor's L-iland. Cockrell 
sinate any officials of the United States ' told me that Beall was on " detached scrv- 



Government that were hindering their cause. 

Uexby Yon Steinackeb. 

For the Proseaition. — May 12. 

I was in the Confederate service as an en- 
gineer officer in the Topographical Depart- 
ment, with the pay of an engineer, and was 
on the staff of General Edward Johnson. Al- 
together I was in the service nearly three 
years. In the summer of 'G3, being at Swift 
Run Gap, near Harrisonburg, I was over- 
taken by three citizens, and rode with them 
home eighteen or twenty hours. The name 
of one was Booth and another Shepherd. 

.A photosraph of Jolin Wilkeg Booth bcin? shown to 
tlie witness, hu ititmtilied a resemliliince betwet-n it and 
the p«rsou referred to. The photograph was offered in 
evidence. J 

I was asked by Booth, and also by the 
others, what I thought of the probable suc- 
cess of the Confederacy. I told them, after 
such a chase as we had just had from Get- 
tysburg, 1 thought it looked very gloomy. 
Booth replied, "That is nonsense. If we 
only act our part, the Confederacy will gain 
its independence. Old Abe Lincoln must go 
up the spout, and the Confederacy will gain 
its independence any how." By this expres- 
sion 1 understood he meant the President 
must be killed. \1q said that as soon as the 
Confederacy was nearly giving out, or as soon 
as they were nearly whipped, that this would 
be their final resource to gain their inde- 
pendence. The other two engaged in the 
conversation, and assented to Booth's senti- 
ments. 

They being splendidly mounted, and my 
horse being nearly broken down, they left 
me the next day. Three or four da3's after- 
ward, when I came to the camp of the Second 
Virginia Regiment, I found there three citi- 
zens, and was formally introduced by Cap- 
tain Randolph to Booth and Stevens. That 
eveniiig there was a secret meeting of the 
ofticers, and the three citizens were also pres- 
ent I was afterward informed of the pur- 
pose of the meeting by Lieutenant Cockrell 
of the Second Virginia Regiment, who was 
present. It was to send certain officers on 
'"detached service" to Canada and the "bord- 
ers " to release rebel prisoners, to lay Northern 
cities in ashes, and finally to get possession 
of the members of the Cabinet and kill the 
President This "detached service " was a 
nickname in the Confederate army for this 
sort of warfare. I have heard these things 
spoken of, perhaps, a thousand times before 
I was informed it was the purpose discussed 
at this meeting, but I always considered it 
common braggadocio. I have freely heard it 
spoken of in the streets of Richmond among 
those connected with the rebel Government. 
Cockrell belonged, I believe, to the Second 
Virginia Regiment, and to the same corn- 



ice," and that we would hear of him. 

I have heard mention made of the exist- 
ence of secret orders for certain purposes to 
assist the Confederacy. One I frequently 
lieard of was called a Golden Circle, and 
several times I heard the name of the "Sons 
of Liberty." 
[ No cross-examination. ] 

HosEA B. Carter. 
For the Prosecution. — May 29. 

I reside in New Hampshire. I was at the 
St Lawrence Hall, Montreal, Canada, from 
the 9th or lOth of September till the Ist of 
February last. I met George N. Sanders, 
Clement C. Clay, Beverly Tucker, Dr. Black- 
burn, Dr. Pallen, J. Wilkes Booth, General 
Carroll from Memphis, an old gentleman from 
F'lorida that wore a cue — I think his name was 
Westcott — a Dr. Wood, a gentleman named 
Clark, and many others whose names 1 do 
not now recollect I do not remember that I 
saw Jacob Thompson there. I saw him at 
Niagara Falls on the 17th of June. Some 
twenty or thirty Southerners boarded at the 
St Lawrence Hall, and usually associated 
together, and very little with other people 
who came there, either English or American. 

I frequently observed George N. Sanders 
in intimate as.sociation with Booth, and others 
of that class, in Montreal. 1 used to see a 
man named Payne nearly every morning. 1 
think they called him John. He was one of 
the Payne brothers, two of whom were arrested 
for the St Albans raid ; but Lewis Payne, the 
accused, I do not think I have seen before. 

Dr. Blackburn came to the St Lawrence 
Hall when the Donegana Hotel closed, which 
was about the 2Uth of October last He 
seemed to as-sociate on terms of intimacy 
with all those I have named, but Booth. 
Whether he came there before Booth I can 
not say. Blackburn was one of that clique of 
men who were known there as Confederatea 

Cross-examined by Mr. Doster. 

I heard that the Paynes to whom I have 
referred originally came from Kentucky, and 
that they had been in the counterfeiting busi- 
ness. I think I have seen Cleary in Canada 
in company with John Payne. I have seen 
them in company with Sanders and Tucker 
and Blackburn every day. 

John Deveny. 

For the Prosecution. — }fay 12. 

I have resided in Washington, off and on, for 
a year or two. I was formerly a Lieutenant 
in company " E," Fourth Maryland Regi- 
ment I was before that employed in Adams's 
Express company. In July of 1803, I was 
in Montreal, and left there the 3d or 4th of 



TESTIMONY OP MRS. MARY HUDSPETH. 



February of this year. I was well acquainted 
with John Wilkes Bootli. The first time I 
saw him in Canada he was standing in the 
St. Lawrence Hotel, Montreal, talking with 
George N. Sanders, I believe that was in the 
month of October. They were talking con- 
fidentially, and drinking together. I saw them 
go into Dowley's and have a drink together. 
I also saw in Canada, at the same time, Jacob 
Thompson of Mississippi, who was Secretary 
of the Interior under the administration of 
President Buchanan. I also saw Mr. Clement 
C. Cliiy of Alabama, formerly United States 
Senator, Mr. Beverly Tucker, and several 
others who were pointed out to me; but I 
was not personally acquainted with those 
gentlemen. I spoke to Booth, and asked him 
if he was going to play there, knowing that 
he was an actor. He said he was not. I then 
eaid, " What are you going to do?" He said, 
" I just came here on a pleasure trip." The 
other Soutiierners, whose names I have men- 
tioned, I have seen talking with Sanders, hut 
I can not say positively that I saw them talk- 
ing with Booth. 

The next time I saw Booth was on the 
steps of the Kirkwood House, in this city, on 
the night of the 14th of April, between 5 and 
6 o'clock. He was going into the hotel as I 
was standing talking to a young man named 
Callan. As Booth passed into the hotel, he 
turned round and spoke to me, and I asked 
him when he came from Canada. He said 
he had been back here for some time, and was 
going to stay here for some time, and would 
see me again. I asked, " Are you going to 
play here again?" He replied, ''No, I am 
not going to play again ; I am in the oil busi- 
ness." 1 laughed at his reply, it being a 
common joke to talk about the oil business. 
A few minutes afterward I saw him come 
down the street on horseback, riding a bay 
horse. I noticed particularly what kind of 
a looking rig he had on the horse, though I 
know not what made me do it. The next I 
saw of him was when he jumped out of the 
box of the theater, and fell on one hand and 
one knee, when I recognized him. He fell 
with his face toward the audience. I said, 
"He is John Wilkes Booth, and he has shot 
the President." I made that remark right 
there. That is the last I ever saw of him, 
when he was running across the stage. I 
heard the words " Sic semper tyrannus " shouted 
in the President's box before I saw the man. 
He had a knife in his hand as he went across 
the stage. If he made any remark as he 
went across the stage I did not notice it. The 
excitement was very great at the time. 

WiLMAM E. Wheeler. 

For the Prosecution. — May 12. 

1 reside in Chickopee, Massachusetts. I 
was at Montreal, Canada, in October or No- 
vember last, when I saw John Wilkes Booth, 
who was standing in front of the St. Lawrence 



Hall, Montreal. I spoke to Mr. Booth, and 
asked him if he was going to open the the- 
ater there. He said he was not. He left me, 
and entered into conversation with a person 
who was pointed out to me as George N. 
Sanders. 

[No crosB-examination.] 

Henry Finegas. 

For the Prosecution. — May 26. 

I reside in Boston, Mass., and have been 
in the United States service since the rebel- 
lion as a commissioned officer. In the 
month of February last I was in Montreal, 
Canada, and remained there eleven days. 
While there I knew well, by sight, George 
N. Sanders, William C. Cleary, and other 
men of that circle, but did not make their 
acquaintance personally. On one occasion 
I heard a conversation between George N. 
Sanders and Wm. C. Cleary; it took place 
at tlie St. Lawrence Hall on the 14th or 15th 
of February. I was sitting in a chair, and 
Sanders and Cleary walked in from the door; 
they stopped about ten feet from me, and I 
heard Cleary say, "I suppose they are get- 
ting ready for the inauguration of Lincoln 
next month." Sanders said, "Yes; if the boya 
only have luck, Lincoln won't trouble tlieni 
much longer." Cleary asked, "Is every 
thing well ?" Sanders replied, " O, yes; Booth 
is bossing the job." 

Cross-examined by Mr. Aiken. 

The conversation took place about 5 
o'clock in the evening. Sanders and Cleary 
were standing close together, conversing in 
rather a low tone of voice, I thought. I never 
was introduced to Sanders or Cleary. but have 
been introduced to men who claimed to be 
escaped prisoners from camps in the North. 
I knew Sanders and Cleary by sight well; I 
saw them testify in court in the St. Albans 
raid case. Cleary is a middle-sized man, 
sandy complexion, sandy hair; carries his 
neck a little on one side, and has reddish 
whiskers. Sanders is a short-sized, low, thick- 
set man, with grayish curly hair, a grayish 
moustache, and very burly form. 

I left Montreal on the 17th of February. 
I first communicated this information to the 
Government a few days ago, but spoke of it 
to two or three parties some time ago. I did 
not consider it of any importance at the 
time, but looked upon it as a piece of brag- 
gadocio. 

Mrs. Mary Hudspeth. 

For the Prosecution. — May 12. 

In November last, after the Presidential 
election, and on the day General Butler left 
New York, as I was riding on the Third 
Avenue cars, in New York City, I overheard 
the conversation of two men. They were 
talking most earnestly. One of them said he 
would leave for Washington the day after to- 



40 



TUE CONSPIRACY TRIAL. 



morrow. The otlier was going to Newbiirp, 
or Newbern, that niglit. One of tlie two was 
a young man witli falne whiskern. Tliis I 
observed when a jolt of the car puslied his 
hat forward and at tl»e same time pushed 
his whiskers, by whicii I observed that tlie 
front face was darker than it was under t4ie 
whiskers. Judging l)y iiis conversation, lie 
was a young man of education. The otlier, 
whose name was Johnson, was not. 1 no- 
ticed that the hand of the younger man was 
very beautiful, and showed that he had led 
a life of ease, not of labor. They exchanged 
letters while in the car. When the one who 
had the false whiskers put back the letters 
in his pocket, 1 saw a pistol in his belt. I 
overheard the younger say that he would 
leave for Washington the day aflcr to-mor- 
row ; the other was very angry because it 
had not fallen on him to go to Washington. 
Both led the cars before I did. After 
they had left, my daughter, who was with 
me, picked up a letter which was lying on 
the floor of the oar, immediately under where 
they sat. and gave it to me; and 1, thinking 
it was mine, as I had letters of my own to 
post at the Nassau Street Post-office, took it 
without noticing that it was not one of my 
own. When I got to the broker's, where I 
was going with some gold, I noticed an en- 
velope with two letters in it 

[Exhibiting nn oiivdope with two letters.] 

These are the letters, and both were con- 
tained in one envelope. After I examined 
the letters and found their character, I took 
them first to General Scott, who asked me to 
read them to him. He said he thought they 
were of great importance, and asked me to 
take them to General Dix. 1 did so. 

[The followini; letters were then read to the CommiB- 
bioD, and offered in evidence:] 

Dk.\r Locis : The time has at last come 
that we have all so wished for, and upon you 
every thing depends. As it was decided be- 
fore you left, we were to cast lots. Accord- 
ingly we did so, and you are to be the Char- 
lotte Corday of the nineteenth century. 
When you remcniber the fearful, solemn vow 
that was taken by us, you will feel there is 
no drawback — Abe must die, and now. You 
can choose your weapons. The cup, the 
knife, the bullet. The cup failed us once, and 
might again. Johnson, who will give this, 
has been like an enraged demon since the 
meeting, because it has not fallen upon him 
to rid the world of the monster. He says 
the blo'id of his gray-haired father and his 
noble brother call upon him for revenge, and 
revenge he will have; if he can not wreak it 
upon the rountain-hcad, he will upon some 
of the blood thirsty (ienerals. liutler would 
suit him. As our plans were all concocted 
and well arranged, we separated, and as I am 
writing — on my way to Detroit — I will only 
say that all rests upon you. You know 
where to find your friends. Your disguises 
are so perfect and complete, that without one 



knew your face, no police telegraphic dispatch 
would catch you. The English gentleman, 
Jlarcourt, must not act hastily. Kemember 
he has ten days. Strike lor your liome, 
strike for your country; bide your time, but 
strike sure. Get introduced, congratulate 
hinx, listen to his stories — not many more 
will the brute tell to eartldy friends. Do 
any thing but fail, and meet us at the ap- 
pointed place within the fortnight IncloHe 
thi.-< note, together with one of poor Leenea. 
I will give the reason for this when we niecL 
Ueturn by Johnson. 1 wish I could go to 
you, but duty calls me to the \\'est ; you will 
probably hear from me in Washington. Saiv- 
ders is doing us no good in Canada. 
Believe me, your brother in love, 

CHARLES SELBY. 

St. Lolis, October 'iX, ISM. 

De.\rest Husb.\xd: Why do you not come 
home? You left me for ten days only, and 
you now have been from home more than 
two weeks. In that long time, only sent 
me one short note — a few cold words — and 
a check for money, which I did not require. 
What has come over you ? Have you for- 
gotten your wife and child? Baby calls for 
papa until my heart aches. We are so lonely 
without you. I have written to you again 
and again, and, as a last resource, yesterday 
wrote to Charlie, begging him to see you and 
tell you to come home. I am so ill, not able 
to leave my room ; if I was, I would go to 
you wherever you were, if in this world. 
Mamma says I must not write any more, as 
1 am too weak. Louis, darling, do not stay 
away any longer from your heart-broken wife. 

LEENEA. 

Hon. Charles A. Dax.i. 

For the Prosecution. — June 9. 

The letters found and testified to by Mrs. 
Hudspeth, came to me by mail at the War 
Department, inclosed in one from General Dix. 
The letter from (ieneral Dix bears date No- 
vember 17th, and 1 received it, 1 suppo.«e, the 
next day. On receiving the letters I look them 
to the President, Mr. Lincoln, who looked at 
them, but 1 do not think he made any spe- 
cial remark ; he seemed to attach very little 
importance to them. Two or three days 
after the assassination of the President, I waa 
sent by the Secretary of War to find them. 
1 went over to the White House and .>-earrhed 
in the President s private desk, where 1 found 
tliem. 1 kept them for some time, and after^ 
ward delivered them to Judge Jlingham. 
The President received a great many com- 
munications of a similar nature, but he 
seems to have attached more importance to 
these than any others, because 1 found them 
among his papers in an envelope marked, in 
his own handwriting, "Assassination." The 
two letters just put in evidence, are thode 
that were inclosccl in the letter from General 
Dix; and the letter from General Dix is in 



IDENTIFICATION OF KEY TO SECRET CIPHER. 



41 



his own handwriting, with which I am fa- 
miliar. 

[The followins letter from General Dix was then read 
and put iu i.^vidi;ncc:j 

Head-Quarters, Department of the East, "1 
Xew York City, 17tli November, 1(<64. J 

C. A. Daxa, Esq. — My Dear Sir: The in- 
closed was picked up in a Third Avenue 
railroad car. I should have thought the 
whole thing got up for the Sunday Mercury, 
but for the genuine letter from St. Louis 
in a female hand. The Charles Selby is 
obviously a manufacture. The party who 
dropped the letter was heard to say he 
would start for Washington Friday night. 
He is of medium size; has black hair and 
whiskers, but the latter are believed to be 
a disguise. lie had disappeared before the 
letter was picked up and examined. 

Yours truly, JOHN A. DIX. 

Cross-examined by Mk. Aiken. 

The authorities of the War Department 
are in the habit of receiving a great many 
foolish letters from anonymous correspond- 
ents and others; some of a threatening char- 
acter, and others making extraordinary prop- 
ositions. 

Major T. T. Eckert. 

For the Prosecution. — June 13. 

An order was sent forward to General But- 
ler at New York for his troops to leave on 
the 11th of November. General Butler made 
application lor leave to remain until the next 
Monday; the Secretary of War replied to the 
application, "You have permission to remain 
until Monday, the 14th of November." 



IDENTIFICATION OF KEY TO SECRET 
CIPHER 

Lieutenant William H. Terry. 

For the Prosecution. — May 18. 

I am attached to the Provost Marshal's 
Office in this city. On the night of the as- 
sassination, Mr' Eaton placed in my hands 
certain papers which he had taken from the 
trunk of J. Wilkes Booth, at the National 
Hotel. 

TA paper containing a secret cipher was handed to the 
witness.) 

This is one of the papers I received from 
Mr. Eaton ; it was in that envelope, on which 
Colonel Taylor marked the word "Important," 
and signed his initials to it. 

William Eaton. 

For the Prosecution. — May 18. 

On the night of the 14th of April, after the 
assassination, I went, under authority of the 
War Department, to the National Hotel, to 
take charge of Booth's trunk and its con- 



tents. I took all the papers to the Provost 
Marshal's Office, and placed them in the hands 
of Lieutenant Terry. 

Colonel Joseph H. Taylor. 

For the Prosecution. — May 19. 

I am on duty at the Head-Quarters of 
the Department of Washington. 

[A paper containing a secret cipher was handed to the 
witness.] 

I received this paper, on the night of the 
14th of April last, from Lieutenant Terry, 
an officer on duty in the Provost Marshal's 
Office, who had been sent by me to examine 
Booth's trunk, where it was found among 
Booth's papers. 

Hon. C. A. Dana. 

For the Prosecution. — May 20. 

I am Assistant Secretary of W^ar. I was 
in Richmond, Va., on Wednesday, the 5th 
of April — Richmond being evacuated on the 
3d. On the 6th of April I went into the 
office of Mr. Benjamin, the rebel Secretaiy 
of State. On the shelf, among Mr. Benja- 
min's books and other things, I found this 
secret cipher key. 

[The secret cipher key is a model consisting of a cylin- 
der six inches in length, and two and one-half in diam- 
eter, fixed in a frame, the cylinder having the printed key 
pasted over it. By shifting the pointers fixed over the 
cylinder on the upper portion of the frame, according to a 
certain arrangement previously agreed upon, the cipher 
letter or dispatch can readily be deciphered. 'Ihe model 
was put in evidence.] 

I saw it was a key to the official rebel 
cipher, and as we had a good many of them 
to decipher at different times at the War De- 
partment, it seemed to me of interest, and I 
therefore brought it away. Mr. Benjamin's 
offices consist of a series of rooms in suc- 
cession. His own office was the inmost of 
all ; the next room, where his library was, and 
which seemed to have been occupied by his 
most confidential clerk or assistant, was the 
one in which I found several interesting docu- 
ments, and this cipher model among them. 
I sent it to Major Eckert at the War Depart- 
ment, who has charge of the ciphers there. 

Major T. T. Eckert. 

For the Prosecution. — May 20. 

[A secret cipher, found among the effects of J. Wilkes 
Booth, already in evidence, was here handed to the wit- 
ness; also the secret cipher model just testified to.] 

I have examined the secret cipher found in 
Booth's trunk, and the other cipher just testi- 
fied to by the Assistant Secretary of War, and 
find they are the same. 

Cipher dispatches from the rebel authori- 
ties have from time to time fallen into my 
hands, and as I am somewhat familiar with 
them, they have been referred to mo for ex- 
amination. Some of the dispatches referred 
to me were worked on the same plan. 

[The witness here produced cipher dispatches bearing 
date Octobur 13th and luth.] 



42 



THE CONSPIRACY TRIAL. 



These dispatches which I hold in my hand 
are copies and translations of certain cipher 
dispatches which came from Canada; they 
passed through the War Department in this 
city, where copies were tal<en of them, and 
tlieoripinals forwarded to Richmond. These 
dispatches are written in the cipher to which 
this model and the paper found in Booth's 
trunk furnish the key. 

[Thr- dispatches were then read au follows, and put in 
•videnceij 

OcTOREB 13, I8G4. 

We again urge the imfnense necessity of 
our gaining immediate advantages. Strain 
every nerve for victory. We now look upon 
the re-election of Lincoln in November as 
almost certain, and we need to whip his 
hirelings to prevent it. Besides, with Lin- 
coln re-elected and his armies victorious, we 
need not hope even for recognition, much less 
the help mentioned in our last. Holcombe 
will explain this. Those figures of the 
Yankee armies are correct to a unit. Our 
friend shall be immediately set to work as you 
direct. 

October 19, 18C4. 

Your letter of the 13th instant is at hand. 
There is yet time enough to colonize many 
voters before November. A blow will shortly 
be stricken here. It is not quite time. Gen- 
eral Loiigstreet is to attack Sheridan without 
delay, and then move North, as far as practi- 
cable, toward unprotected points. 

This will be made instead of movement 
before mentioned. 

He will endeavor to assist the Republicans 
in collecting their ballots. Be watchful, and 
assist him. 



CIPHER LETTER. 

Charles Duell. 

For the Prosecution. — June 5. 

I reside in Washington. I was recently 
engaged in business, driving piles at More- 
head City, N. C. While there, I found a let- 
ter floating in the water; it was in cipher. 
My attention was first called to it by Mr. 
Ferguson, who was working there. The en- 
velope was addressed "John W. Wise." 1 
made inquiries relative to the person to whom 
it was addressed, but I could hear of no one 
of that name in North Carolina. 

[The tranalation of the letter was hero read, and the 
oriKitial put in eTidencu.] 

Wasiiinotox, April the 15, '(v'>. 

Dkar .Iohn: I am happy to inform you 
that Pet has done his work well. He is safe, 
and Old Abe is in hell. Now, sir, all eyes 
are on you. You must bring Sherman — 
Grant is in the hands of Old Gray ere this. 
Red Shoes showed lack of nerve in Sew- 
ard's case, but fell back in good order. 



Johnson must come. Old Crook has him in 
charge. 

Mind well that brother's oath, and you will 
have no difficulty; all will be safe, and en- 
joy the fruit of our labors. 

We had a large meeting last night All 
were bent in carrying out the programme to 
the letter. The rails are laid for safe exit 

Old , always behind, lost the pop at 

City Point 

Now, I say again, the lives of our brave offi- 
cers, and the life of the South depend upon 
the carrying this programme into effect. No. 
Two will give you this. It's ordered no more 
letters shall be sent by mail. When you 
write, sign no real name, and send by some 
of our friends who are coming home. We 
want you to write us how the news was re- 
ceived there. We receive great encourage- 
ment from all quarters. 1 hope there will 
be no getting weak in the knees. I was in 
Baltimore yesterday. Pet had not got there 
yet Your folks are well, and have heard 
Irom you. Don't lose your nerve. 

C. B. No. FIVK 

The letter just read, is, I believe, a correct 
translation of the cipher. 

Cross-examined iy Mr, Aiken. 

In making the translation I had the as- 
sistance of a gentleman in North Carolina, 
who told me he had seen the cipher before. 
We first supposed, by its beginning with a 
W, that it was dated at Wilmington. The 
first evening we tried it with Wilmington, 
but we could not make out any thing. The 
next evening we tried the word "Washing- 
ton," and "April," and made an alphabet, 
and stuck figures and ciiaracters under the 
letters of the alphabet, and proceeding in 
that way we at length worked it out 

James Fergusox. 

For the Prosecution. — June 5. 

I have recently been at Morehead City, 
N. C, where 1 have been working under Mr. 
Duell. While there. I discovered a letter 
floating in the water when we were at work, 
and called his attention to it The letter 
whitli has been read is the same as was 
picked up; and I identify the envelope as the 
same. We found it either on the 1st or 
lid of May last 



THE "LON" LETTER. 

Charles Dawson. 

For the Prosecution. — June 2. 

I am a clerk at the National Hotel in 
this city. In looking among the initials for a 
letter for a gentleman whose name begins with 
B, 1 found a letter addressed "J. W. B." 



THE "LON LETTER. 



43 



The initials struck me as being rather pe- 
culiar, and I took the letter unopened to 
Judge Advocate Bingham, about the 24th 
of May. 

[The letter was read as follows, and it and the envelope 
Were put in as evidence :] 



[P. 0. stamp.] 

Cumberland, 

May S. 



ENVELOPE. 



J. W. B., 

National Hotel, 

Washington, 

V. C. 

South Branch Bridge, April 6, 1865. 

Friend Wilkes : I received yours of March 
12th, and reply as soon as practicable. I saw 
French, Brady, and others about the ozV specu- 
lation. The subscription to the stock amounts 
to $8,000, and I add $1,000 myself, which is 
about all I can stand. Now, when you siiik 
your well go deep enough; don't fail, every 
thing depends on you and your helpers. If 
you can't get thi-ough on your (rip, after you 
strike He, strike through Thornton Gap, and 
cross by Capon, Koinney's, and down the 
Branch, and I can keep you safe from all 
hardships for a year. 1 am clear of all sur- 
veillance, now that infernal Purdy is beat. 1 
hired that girl to charge him with an out- 
rage, and reported him to old Kelly, which sent 
him in the shade, but he suspects to (too) 
damn much now. Had he better be silenced 
for good ^ I send this up by Tom, and if he 
don't get drunk you will get it the 9th; at all 
events, it can't be understood if lost. I can't 
half write. I have been drunk for two day.s. 
Don't write so much highfalutin next time. 
No more; only Jake will be at Green's with 
the funds. Burn this. 

Truly, yours, LON. 

Sue Guthrie sends much love. 

The only guest at the National Hotel that 
I knew of to whom the initials J. W. B. be- 
longed was John Wilkes Booth. Any letters 
addressed to Mr. Booth in full would be put 
into his box, as he had a room at the house. 
These being mere initials, the letter was put 
in with sundry letters for those who had no 
room in the house. ,' 

KoBEBT Purdy. 
For the Prosecution. — June 16. 

I reside in Marshall County, West Virginia, 
near the Ohio River. I have been in the 
service of the United States since the 11th of 
December, 1861. Since the 23d of August 
last, I have belonged to a scouting company. 

The letter signed " Lon " I never saw until 
it was published in the public papers. 1 
have no knowledge whatever by whom it was 
written. I have heard of French, who is re- 
ferred to in the letter, but I do not know of 
any one named Brady living on South Branch. 

There is a man in that region of country 
named Lon ; his full name is Leonidas Mc- 
Aleer, but he generally goes by the name of 



Lon. I have seen his handwriting. He 
showed me some notes that he said he had 
been black-mailed about. The writing of 
the letter resembles his. I am the Purdy re- 
ferred to in the letter. 

I captured a rebel spy a few miles from 
Lon's house. I understood he was to meet 
Lon McAleer that day to carry information 
there. I flanked the field and captured him, 
in company with two men named Darnduft',. 
and a very reliable colored scout belonging to 
General Kelly. Lon McAleer had been play- 
ing both sides, loyal and disloyal; but as he 
had been lately bragging of his Unionism, I 
thought he would be glad to learn that the 
great rebel spy had been captured, so I rode 
down to him and told him. He cursed me 
for capturing the man, and said 1 should 
have taken his money and let him go. He 
said, when he went out and saw a small 
squad of rebels who could do no great dam- 
age to the railroad, he did not report it; but 
when he saw a force that could operate 
against Cumberland and New Creek, he al- 
ways reported it. A day or two after that, I 
overtook a girl near his house. I halted her 
and searched her, and found her carrying let- 
ters. This was in the winter, in January, I 
think. A charge, such as that alluded to in 
the letter was made against me, but it was 
entirely false, and I afterward went to Mc- 
Aleer to get the tiling settled. McAleer had 
a white servant named Tom, a deaf man, who 
afterward married this girl. I have heard 
he drinks. » 

I do not know any person of the name of 
Green in that neighborhood; but there are 
Greens some seventy or eight miles off, and 
there may be other families of that name that 
I do not know of. 

The route through Thornton Gap, crossing 
by Capon, Romney's, ai;d down the Branch, 
is an obscure route, of which I never knew 
till lately. It passes right through by Green's 
house at Thornton Gap. Green's reputation 
is that of a very disloyal man. 

I do not know the Sue Guthrie mentioned, 
but I have ascertained that she is a lady who 
lived with Mr. French. I once wrote a letter 
to French, warning him that some deserters 
from our army were going to commit robbery 
at his house. It was then that McAleer told 
me that French was his father-in-law. 

Cross-examined by Mr. Aikex. 

I am acting for the Government as detec- 
tive and scout. I have been charged with 
writing that letter myself I was at South 
Branch Bridge in January last. South Branch 
empties into the Potomac River, and is from 
twenty-one to twenty-three miles from Cum 
berland. There is a railroad through South 
Branch to Cumberland. People at South 
Branch Bridge arc not in the habit of taking 
their letters to Cumberland to mail. They 
generally take them to Green Spring Run, 
about one and three-fourths miles above. 



44 



THE CONSPIRACY TRIAL. 



PLOT TO CAPTURE. 

Samcei. Knai'p Chester. 
For the Prosecution. — Maif 12. 

I am by profession an actor, and have 
known J. Wilkes Bootli a great many years. 
For six or seven years I have known him 
intimately. In the early part of November 
last 1 met him in New York, and asked him 
why he was not acting. lie told me that lie 
did not intend to act in this portion of the 
country again; that he had taken his ward- 
robe to Canada, and intended to run the 
blockade. I saw him again on the 24th or 
25th of November, about the time we were 
to play "Julius Ccesar" in New York, which 
we did play on the 25th. I asked him where 
his wardrobe was; he said it was still in 
Canada, in charge of a friend. I think he 
named Martin in Montreal. 

He told me he had a big speculation on 
hand, and asked me to go in with him. I 
met him on Broadway as he was talking 
with some friends. They were joking with 
him about his oil speculations. After he left 
them, he told me he had a better speculation 
than that on hand, and one they wouldn't 
laugh at. Some time after that I met him 
again, and he asked me how I would like to 
go in with him. I told him I was without 
means, and therefore could not. He said 
that didn't matter; that he always liked me, 
and would furnish the means. He then re- 
turned to Washington, from which place I 
received several letters from him. He told 
me he was speculating in farms in lower 
Maryland and Virginia; still telling me that 
he was sure to coin money, and that I must 
go in with him. 

About the latter part of December, or early 
in January, lie came to New York, and called 
on me at my house. No. 45 Grove Street. He 
asked me to take a walk with him which I 
did. We went into a saloon known as the 
"House of Lords," on Houston Street, and 
remained there perhaps an hour, eating and 
drinking. We afterward went to another 
saloon under the Revere House, after which 
we started up Broadway. He had often 
mentioned his speculation, but would never 
mention what it was. If I would ask him, 
he would say he would tell me by-and-by. 
When we came to the corner of Bleecker 
Street, I turned and bade him good night. 
He a.sked me to walk further witli him, an 1 
we walked up Fourth Street, because he said 
Fourth Street was not so full of people as 
Broadway, and he wanted to tell me about 
tliai speculation. When we got into the un- 
frequented portion of the street, he stopped 
and told me that he was in a large conspiracy 
to capture the head.s of the Government, in- 
cluding the President, and to take them to 
Richmond. I asked him if that was the 
speculation that lie wished me to go into 
lie said it was. I told him I could not do it; 



that it was an impossibility; and asked lilm 
to think of my family, lie said lie had two 
or three thousand dollars that he could leave 
them. He urged the matter, and talked with 
me, I suppose, half an hour; but I still re- 
fused to give my assent. Then he said to 
me, "You will at least not betray me;" and 
added, "You dare not.' He said he could 
implicate me in the affair any how. The 
party he said were sworn together, and if I 
attempted to betray them, I would be hunted 
down through life. He urged me further, 
saying I had better go in. 1 told liim "No," 
and bade him good night, and went home. 

He told me that the affair was to take 
place at Ford's Theater in Washington, and 
the part he wished me to play, in carrying 
out this conspiracy, was to open the back 
door of the theater at a signal. He urged 
that the part I would have to play would be 
a very easy affair, and that it was sure to suc- 
ceed, but needed some one connected or ac- 
quainted with the theater. He said every 
thing was in readiness, and that there were 
parties on the other side ready to co-operate 
with them. By these parties I understood 
him to mean the rebel authorities and others 
opposed to our Government. He said there 
were from fifty to one hundred persons en- 
gaged in the conspiracy. 

He wrote to me again from Washington 
about this speculation; I think it must have 
been in January. I did not keep my letters. 
Every Sunday I devoted to answering my 
correspondence and destroying my letters. 

In January I got a letter from him, saying 
I must come. This was the letter in which 
he told me his plan was sure to succeed. I 
wrote back, saying that it was impossible, 
and I would not come. Then by return mail, 
1 think, I got another letter, with fifty dollars 
inclosed, saying, I must come, and must be 
there by Saturday night I did not go, nor 
have I been out of New York since last 
summer. The ne.\t time he came to New 
York, which I think was in February, he 
called on me again, and asked me to take a 
walk with him, and I did so. He then told 
me that he had been trying to get another 
part}', one John Matthews, to join him, aod 
when he told Matthev/s what he wanted, the 
man was very much frightened, and would 
not join him; and he said he would not have 
cared if he had sacrificed him. I told him 
I did not think it was right to speak in that 
manner. He said no; but Matthews was a 
coward, and was not fit to live. He then 
urged me again to join, and told me I must 
do so. He said there was plenty of money 
in the afiair; and that, if I joined, 1 never 
would want for money again as long as I 
lived. He said the President and some of 
the heads of the (iovernment came to the 
theater very frequently during Mr. Forrest's 
engagements. I desired him not to again 
mention the affair to me, but to think of my 
poor family. He said he would ruin me in 



BOOTH S OIL SPECULATIONS. 



45 



tlie profession if I did not go. I told him 
I could not help that, and begged him not to 
mention the affair to me. 

When he found I would not go, he said he 
honored my mother and respected my wife, 
and he was sorry he had mentioned this 
affair to me; but told me to make my mind 
easy, and he would trouble me no more. I 
then returned him the money he had sent 
me. lie told me he would not allow me to 
do so, but that he was so very short of funds, 
and that either he or some other party must 
go to Richmond to obtain means to carry out 
their designs. 

On Friday, one week previous to the assas- 
sination, I saw him again in New York. We 
were in the "House of Lords," sitting at a 
table. We had not been there long before 
he exclaimed, striking the table, "Wliat an 
excellent chance I had to kill the President, 
if I had wish^, on inauguration day ! " 
He said he was as near the President on 
that day as he was to me. 

Cross-examination by Mk. Ewing. 

Booth spoke of the plot to capture the 
President, not to assassinate him, and to 
take him to Eichmond. By the expression 
"other side," I understood him to mean 
across the lines — across the Potomac. 

Booth did not say any thing as to the means 
he had provided or proposed to provide for 
conducting the President after lie should be 
seized. On one occasion he told me that he 
was selling off his horses; that was after he 
had told me he had given up this project of 
the capture. It was, I think, in February 
that he said he had abandoned the idea of 
capturing the President and the heads of the 
Government. The affair, he said, had fallen 
through, owing to some parties backing out. 
It was on Friday, the 7th of April, one week 
previous to the assassination, that he said 
what an excellent chance he had had for 
killing the President. 



BOOTH'S OIL SPECULATIONS. 

Joseph H. SiMONoa 
For the Prosecution. — May 13. 

1 was acquainted with J. Wilkes Booth in 
his lifetime, and was hi.s business agent, par- 
ticularly in the oil region. I did some little 
business for him in the City of Boston, but it 
was very little, and was entirely closed up 
before I left there. 

Mr. Booth's interest in the oil speculations 
was as follows: He owned a third undivided 
interest in a lease of three and a half acres 
on the Alleghany Eiver, near Franklin. The 
land interest cost $4,000. He paid $2,000— 
that being one-half of it. He also purchased, 
for $1,000, an interest in an association there 
owning an undivided thirtieth of a contract. 



That is all that he ever absolutely purchased. 
There was money spent for expenses on this 
lease, previous to his purchase of the land 
interest. He never realized a dollar from 
any interest possessed in the oil region. His 
speculations were a total loss. 

The first interest he acquired in any way 
was in December, 1863, or January, 1864. I 
accompanied him to the oil regions in June, 
1864, for the purpose of taking charge of his 
business there. The whole amount invested 
by him in this Alleghany River property, in 
every way, was about $5,000, and the other 
investment was about $1,000, making $6,000 
in all. 

His business was entirely closed out there 
on the 27th of September, 1864. 

One of the conveyances was made to his 
brother, Junius Brutus Booth, which was 
without compensation ; but a consideration 
was mentioned in the deed. The other 
transfer was to me, and it was done in con- 
sideration of my services, for which I never 
received any other pay. There was not a 
dollar paid to J. Wilkes Booth at all for 
these conveyances, and he paid all the ex- 
penses on the transfer and the conveyances. 



JACOB THOMPSON'S BANK ACCOUNT. 

Robert Anson Campbell. 
For the Prosecution. — May 20. 

I reside in Montreal, Canada, and am first 
teller of the Ontario Bank, of that city. 

I know Mr. Jacob Thompson very well. 
His account with the Ontario Bank I hold 
in my hand. It commenced May 30, 1864, 
and closed April 11, 1865. Prior to May 
30th, he left with us sterling exchange, drawn 
on the rebel agents in Liverpool, for collection. 

The first advice we had was May 30th, 
when there was placed to his credit £2,061 
17s. l^c?., and £20,618 lis. 4o?., amounting to 
$109,965.63. The aggregate amount of the 
credits is $649,873.28, and there is a balance 
still left to his credit of $1,766.23; all the 
rest has been drawn out. Since about the 
first of March he has drawn out $300,000, in 
sterling exchange and deposit receipts. On 
the 6th of April last there is a deposit re- 
ceipt for $180,000. The banks in Canada 
give deposit receipts, which are paid when 
presented, upon fifteen davs' notice. On the 
8th of April he drew a bill of £446 125. 1^., 
and on the same day £4,000 sterling. On 
the 24th of March he drew $100,000 in ex- 
change; at another time $19,000. This ster- 
ling exchange was drawn to his credit, and 
also the deposit receipt, 

Mr. Jacob Thompson has left Montreal 
since the 14th of April last. I heard him 
say that he was going away. He used to 
come to the bank two or three times a week, 
and the last time he was in he gave a check 



40 



THE CONSPIRACY TRIAL. 



to the liotel-keeper, which I caslied, and he 
then left the liotel. His friends stated to me 
that he was going to Halifax, overland. Nav- 
igation was not open then, and I was told 
that he was going overland to Halifax, and 
thence to Europe. 1 thought it strange at 
the time that he was going overland, when 
by waiting two weeks longer he could have 
taken the steamer; and it was talked of in 
the bank among the clerks. 

The account was opened with Jacob 
Thompson individually ; the newspaper re- 
port was that he was financial agent of the 
Confederate States. We only knew that he 
brought Southern sterling exchange bills, 
drawn on Southern agents in the old coun- 
try, and brought them to our bank for col- 
lection. How they came to him we did not 
know. He was not, as far as I know, en- 
gaged in any business in Canada requiring 
these large sums of money. He had other 
large money transactions in Canada. 1 knew 
of one transaction of $50,000, that came 
through the Niagara District Bank, at St. 
Catherines; a check drawn to the order of 
Mr. Clement C. Clay, and deposited by him 
in that bank; they sent it to us, August 16, 
1864, to put it to their credit. 

Thompson has several times bought from 
us United States notes, or greenbacks. On 
August 25th he bought $15,000 in green- 
backs, and on July 14th, $19,125. This was 
the amount he paid in gold, and at that time 
the exchange was about 55. I could not say 
what the amount of greenbacks was, but that 
is what he paid for it in gold. On March 
14th, last, he bought $1,000 worth of green- 
backs at 44|, for which he paid $552 20 in 
gold. On the 20th of March he bought 
£6,500 sterling at 9^. He also bought drafts 
on New York in several instances. 

J. Wilkes Booth, the actor, had a small 
account at our bank. I had one or two 
transactions with him, but do not remember 
more at pre.sent. He may have been in the 
bank a dozen limes; and 1 distinctly remem- 
ber seeing him once. He has .'^till led to his 
credit $455, arising from a deposit made by 
him, consisting of $200 in $20 Montreal bills, 
and Davis's check on Merchants' Bank of 
$255. Davis is a broker, who kept his office 
opposite the St Lawrence Hall, and is, I 
think, from either Richmond or Baltimore. 
When Booth came into the bank for this 
exchange, he bought a bill of exchange for 
£61 and some odd shillings, remarking, " I 
am going to run the blockade, and in case I 
should be captured, can my capturers make 
use of the exchange'.'" I told him they 
could not unless he indorsed the bill, which 
vras made payable to his order. He then 
eaid he would take $300, and pulled out that 
amount, I think, in American gold. 1 figured 
up what $.'iOO would come to at the rate of 
exchange — I think it was 9^ — and gave him 
a bill of exchange for £61 and some odd 
Bhillings. 



[ The bills of oxch.-vngo found on Booth's body at tb« 
timeuf liiit capture- weru livru exhibited to the witness.] 

Those are the Ontario Bank bills of ex- 
change that were sold to Booth, bearing date 
October 27, 1864. 



BOOTH AT THE NATIONAL HOTEL. 

G. W. Bunker. 

For the Prosecution. — Afay 12. 

I am a clerk at the National Hotel in this 
city. John Wilkes Booth has been in the 
habit of stopping at that hotel when he came 
to the city. From the register, which I have 
examined, I find that Booth was not at the 
National Hotel during the month of October, 
1864. He arrived in the evening of Novem- 
ber 9th, and occupied room "20;" left on an 
early train on the morning»of the 11th; re- 
turned November 14th, in the early part of 
the evening, and left on the 16th. His next 
arrival was December 12th; left December 
17th by the morning train; he arrived again 
December 22d; left on the 24th; arrived De- 
cember 31 ; left January 10th ; arrived again 
January 12th ; left on the 28th : arrived again 
February 22d; occupied room "231," in com- 
pany with John T. H. Wentworth and John 
McCullough. Booth left February 28th in 
8:15 A. M. train, closing his account to date, 
inclusive. His name does not appear on th(\ 
register, but another room is assigned to him, 
and his second account comniences March 
1st, without any entry on the register of that 
date. On the 2d, 3d, and 4th he is called at 
8 o'clock A. M. ; 21st of March, pays $50 on 
account, and left that day on 7:30 P. M. train ; 
arrived again March 25th — room "231;" took 
tea, and lell April 1st on an afternoon train; 
arrived April 8th. room "228," and remained 
there until the assassination of the President 

[The attention of the witnes^was directed to the prison- 
ers at the bar.) 

The only one of the accused I know is the 
one with the black whiskers and imj>erial, 
[pointing to the accused. Michael Lau^hlin.] 
I do not know his name, but know him by 
sight He frequently called on Booth at the 
hotel. 1 do not think 1 saw him the last 
few days of Booth's stay there. 

[A certified memorandum of the aboTo dfttcs, copied 
from the reeiiiter of the Nutiunal Hotel, was here offerad 
ia evidence.] 



JEFF. 



DAVIS AND THE ASSASSINA- 
TION. 



Lewis F. Bates, 

For the Prosecution. — May 30. 

I reside in Charlotte, N. C, where I have 
resided a little over four years. I am Super- 
intendent of the Southern Express Company 
for the State of North Carolina. I am a 
native of Massachusetts. On the 19th of 



PLOT TO DESTROY STEAMERS, GUN-BOATS, ETC. 



47 



April, Jefferson Davis stopped at my house 
in Charlotte, when he made an address to the 
people from the steps of my house. While 
speaking, a telegram from John 0. Breckin- 
ridge was handed him. 

[The following telegram was here read to the Commis- 
eion:] 

Gheensboeo, April 19, 1665. 

His Excellency President Davis : 

President Lincoln was assassinated in the 
theater in Washington on the night of the 
11th instant. Seward's house was entered on 
the same night, and he was repeatedly stabbed, 
and is probably mortally wounded. 

JOHN C. BRECKINRIDGE. 

In concluding his speech, Jefferson Davis 
read that dispatch aloud, and made this re- 
mark, " If it were to be done, it were better 
it were well done." I am quite sure these are 
tlie words he used. 

A day or two afterward, Jefferson Davis 
and John C. Breckinridge were present at my 
iiouse, when the assassination of the President 
was the subject of conversation. In speak- 
ing of it, John C. Breckinridge ren\arked 
to Davis, that he regretted it very much ; 
that it was very unfortunate for the people 
of the South at that time. • Davis replied, 
"Well, General, I don't know, if it were to 
be done at all, it were better that it were well 
done ; and if the same had been done to Andy 
Johnson, the beast, and to Secretary Stanton, 
the job would then be complete.'.' No re- 
mark was made at all as to the criminality 
of the act, and from the expression used by 
John C. Breckinridge, I drew the conclusion 
that he simply regarded it as unfortunate for 
the people of the South at that time. 

J. C. Courtney. 
For the Prosecution. — May 30. 

I reside in Charlotte, N. C, and am en- 
gaged in the telegraphing business, in connec- 
tion with the Southern Express Company. 

The telegram to which Mr. Bates has just 
testified is a true copy of the message that was 
transmitted to Jefferson Davis on tlie 19th of 
April last, and signed John C. Breckinridge. 
I was standing by the operator when the 
message was received. Jefferson Davis re- 
ceived the message at Mr. Bates's house in 
Charlotte, to which place he had come from 
Greensburg or Concord, where he had stopped 
the night before. 



James E. Russell. 

For the Prosecution. — June 9. 

I reside in Springfield, Mass. I have 
known Lewis F. Bates for about twenty-five 
years. For the last five years I have not 
known any thing of his whereabouts, until I 
learned from him that he had been living in 
Charlotte, N. C. He was in business as bag- 
gage-master on the Western Railroad, Massa- 



chusetts, while I was conductor, and I never 
heard any thing against his reputation for 
truth. 

William L. Crane. 

For the Prosecution. — June 9. 

I am the agent of Adams's Express Com- 
pany in New York Eastern Division. I have 
known Lewis F. Bates since 1848, and have 
never heard any thing against his reputation 
as a man of truth and integrity. 

Daniel II. Wilcox. 

For the Prosecution. — June 9. 

I left the South a year ago last April. I 
have known Mr. L. F. Bates for two or three 
years quite intimately; he occupied a position 
of great trust and responsibility, and is a man 
of truth and integrity. He bore the best 
reputation possible. His character is without 
reproach, as far as I know. 

Jules Soule. 

For the Prosecution.— June 9. 

I reside in the city of New York at 
present; for the past few years I have lived 
in Columbia, S. C. I knew Mr. L. F. Bates; 
he bore the reputation of a truthful and re- 
liable man, in every respect, to the best of 
my knowledge. We have been intimately 
connected in busine.ss for the last three or 
four years. The position he occupied was 
one of high responsibility and trust. 

Major T. T. Eckert, 

For the Prosecution. — June 9. 

Mr. L. F. Bates was brought here by the 
order of the Secretary of War. 



PLOT TO DESTOY STEAMERS, GUN- 
BOATS, ETC. 

Ret. W. H. Ryder. 

For the Prosecution. — May 18. 

I reside in Chicago. On the 9th of April 
I left that city for Richmond, Va.; arrived 
there the 14th, and remained there until the 
21st of that month. While there I visited 
the State Capitol, and found the archives of 
the so-called Confederate States scattered 
about the floor; and, in common with others, 
took as many of these as I chose. I collected 
quite a number of papers in different rooms 
and from among the rubbish. There were 
one or two persons with me, and, as we 
handled the papers, any thing that seemed 
important or interesting we put into our 
pockets. Among the papers eo found was 
this letter. 



48 



THB CONSPIRACY TRIAL. 



[Tho fullovring letter waa then read and offered in evi- 
dence:] 

Richmond, February II, ISM. 

His Excellency Jefferson Davis, Prest C S. A. 
Sib: When Senator Johnson of Missouri 
and myself waited on you a few days since, 
in relation to the prospect of annoying and 
harassing the enemy by means of burning 
their shipping, towns, etc., there were several 
remarks? made by you upon the subject that 
I was not fully prepared to answer, but which, 
upon subsequent conference with parties pro- 
posing the enterprise, I find can not apply as 
objections to the scheme. 

1. The combustible material consists of 
several preparations and not one alone, and 
can be used without exposing the party using 
them to the least danger of detection what- 
ever. The preparations are not in the hands 
of McDaniel, but are in the hands of Pro- 
fessor McCullough, and are known but to 
him and one other party, as I understand. 

2. There is no necessity for sending persons 
in the military service into the enemy's coun- 
try; but the work may be done by agents, 
and, in most cases, by persons ignorant of the 
facts, and therefore innocent agents. 

I have seen enough of the efiects that can 
be produced to satisfy me, that, in most cases, 
without any danger to the parties engaged, 
and in others but very slight, we can — 1. 
Burn every vessel that leaves a foreign port 
for the United States. 2. We can burn every 
transport that leaves the harbor of New 
York or other Northern port, with supplies 
for the armies of the enemy in the South. 
3. Burn every transport and gunboat on the 
Mississippi River, as well as devastate the 
country of the enemy, and fill his people with 
terror and consternation. I am not alone of 
this opinion, but many other gentlemen are 
as fully and thoroughly impressed with the 
conviction as I am. I believe we have the 
means at our command, if promptly appro- 
priated and energetically applied, to demor- 
alize the Northern people in a very short time. 
For the purpose of satisfying your mind upon 
the subject, I respectfully, but earnestly, re- 
quest that you will have an interview with 
General Harris, formerly a member of Con- 
gress from Missouri, who, 1 think, is able, 
from conclusive proofs, to convince you that 
what I have suggested is perfectly feasible 
and practicable. 

The deep interest I feel for the success of 
our cause in this struggle, and the conviction 
of the importance of availing ourselves of 
every clement of defense, must be my excuse 
for writing you, and requesting you to invite 
General Harris to see you. If you should see 
proper to do so, please signify the time when 
it will be convenient for you to see him. 

I am, respectfully, your obedient servant, 
W. S. OLDHAM. 

INDORSEMENT. 

Hon. W. S. Oldham. Richmond, February 
12, 1865. In relation to plans and means for 



burning the enemy's shipping, towns, etc. 
Preparations are in the hands of Professor 
McCullough, and are known to only one other 
party. Asks the President to have an in- 
terview with General Harris, formerly a 
member of Congress from Missouri, on the 
subject. 

SECOND INDORSEMENT. 

Secretary of State, at his convenience, please 
see (leneral Harris, and learn what plan he 
has for overcoming the difficulty heretofore 
experienced. J. D. 

20 Feb'y, '65. 

Rec'd Feb'y 17, 1865. 

John Potts. 

For the Prosecution. — May 18. 

I am chief clerk in the War Department, 
which position I have filled for upward of 
twenty years. While Jefferson Davis was 
Secretary of War, I had abundant opportuni- 
ties of becoming acquainted with his hand- 
writing, and became perfectly familiar with 
it. In ray belief, the indorsement on that 
letter just read is in his handwriting. 

Nathan Rice. 

For the Prosecution. — May 18. 

I was requisition clerk eight years ago, 
when Jefferson Davis was Secretary of War, 
and every day he had to sign the requisitions 
that came to me. The indorsement on the 
letter signed W. S. Oldham, I should think, 
was in the handwriting of Jefferson Davis. 
I had ample opportunities of becoming ac- 
quainted with his handwriting, seeing from 
ten to twenty-five signatures of his every day, 
and sometimes they were signed in my pres- 
ence. 

Joshua T. Owen. 

For the Prosecution. — May 18. 

I have known Professor McCullough, I 
suppose, for twenty years; he was Professor 
of Chemistry at Princeton College. At Jef- 
ferson College, Pennsylvania, where 1 grad- 
uated about 1839 or 1840, he was Professor 
of Mathematics, and if my recollection serves 
me, he was Assayer at the Mint, Philadelphia. 
He has, I believe, been at Richmond during 
the rebellion, in the service of the Confed- 
erates. He had attained some distinction aa 
a chemist, perhaps more in that than in any 
thing else. 

General Alexander J. Hamilton. 

For the Prosecution. — May 20. 

I am a citizen of the State of Texas, and 
was formerly a member of Congress from 
that state. I am perfectly familiar with the 
handwriting of Williamson S. Oldham. The 
letter which has just been introduced in evi- 
dence, signed W. S. Oldham, is in his hand- 



DESTRUCTION OF STEAMBOATS, ETC. 



writing. At the time of writing this letter, 
he was a member of the Senate of the so- 
culled Confederate States. I eo conclude, 
because I was present, in 1861, when he was 
elected for six years, by the rebel Legislature 
of Texas, to a seat in the Senate of the rebel 
Government, and since then I have seen re- 
ports of many speeches of his, and resolutions 
and bills introduced by him into the rebel 
Senate. 



DESTRUCTION OF STEAMBOATS, Etc. 

Edward Fkazier. 

For the Prosecution. — June 8. 

I am a steamboat man, and have been 
making St. Louis my home for the last nine 
or ten years. During 1864 I knew of the 
operations of Tucker, Minor Majors, Thomas 
L. Clark, and Colonel Barrett of Missouri, 
for burning boats carrying Government freight, 
transports, and other vessels on the Missis- 
sippi, Ohio, and other rivers. These men 
were in the service of the Confederate Gov- 
l ernment. I knew of the following steamboats 
having been been burned by the operations 
of these parties : the Imperial, Hiawatha, the 
Robert Campbell, the Louisville, the Daniel 
G. Taylor, and others, besides some in New 
Orleans that I do not know the name of 
The Imperial was one of the largest and 
finest transports on the western waters. In 
the case of the burning of the Robert Camp- 
bell, which was destroyed in the streaftn, when 
under way, at Milliken's Bend, twenty-five 
miles above Vicksburg, there was a consid- 
erable loss of life. The agent who destroyed 
this boat was on board. These boats were 
all owned by private individuals. 

The operations of these men were to in- 
clude Government hospitals, store-houses, and 
every thing appertaining to the army. A 
United States hospital at Louisville was 
burned in June or July of 1864. I do not 
know who burned it, but a man nanjed Dil- 
lingham claimed compensation for it. 

I was in Richmond from the 20th to the 
25th or 26th of August last, when I had an 
interview with the rebel Secretary of War, 
the Secretary of State, and Mr. JeflTerson 
Davis. Thomas L. Clark, Dillingham, and 
myself called there in connection with the 
boat burning, and put in claims to Mr. James 
A. Seddon, the rebel Secretary of War. Mr. 
Clark introduced me to Mr. Seddon. He told 
me that he had thrown up that business ; that 
it was now in the hands of Mr. Benjamin. 
We went to him, and Mr. Benjamin looked 
at the papers we brought him, and asked me 
if I knew any thing about them. I told him 
that I did, and that I believed they were all 
right. He asked me if I was from St. Louis ; 
I told him I was. He then asked Mr. Clark 
if he knew me to be all right, and he said I 
had been represented to him by Mr. Majors 



as being all right. Mr. Benjamin told us all 
three to call next day. We did so, when he 
said he had shown those papers to Jefferson 
Davie, and he (Benjamin) wanted to know 
if we would not take $30,000 and sign re- 
ceipts in full. We told him we would not. 
Mr Benjamin then said that if Dillingham 
was to claim this in Louisville, he wanted a 
statement of it. We went back to the hotel, 
and I wrote the statement myself It read 
that Mr. Dillingham had been hired by Gen- 
eral Polk, and that he had been sent to 
Louisville expressly to do that work — namely, 
burn the hospital. It was then talekd over, 
with Mr. Benjamin, and we made a settle- 
ment with hiin for $50,000; $35,000 down in 
gold, and $15,000 on deposit, to be paid in 
four months, provided the claims pjoved cor- 
rect. The money was paid by a draft on 
Columbia for $34,800 in gold, and $200 in 
gold we got in Richmond. We received the 
gold on the draft at Columbia. 

Wliile at Richmond Mr. Benjamin told me 
that Mr. Davis wanted to see me. I went in 
with Benjamin to see Mr. Davis, and we sat 
and talked. The conversation first was about 
what was called the Long Bridge, between 
Nashville and Chattanooga. Mr. Davis 
wanted to know what I thought about de- 
stroying it. He said they had been think- 
ing about it, and of sending some one to have 
it done. I told him I knew of the bridge, 
though I did not, for I had never been there; 
but I did not know what to think about de- 
stroying it. He said I had better study it 
over. Finally, I told him I thought it could 
be done. Mr. Benjamin, I believe it was, 
who first remarked that he would give 
$400,000 if that bridge was destroyed, and 
asked me if I would take charge of it. I 
told him I would not, unless the passes were 
taken away from those men that were now 
down there; and Mr. Davis said it should be 
done. The conversation then turned on the 
burning of the steamboats. I told Mr. Davie 
that I did not think it was any use burning 
steamboats, and he said no, he was going to 
have that stopped. The next day I saw an 
order in the paper taking away passes issued 
on or before the 23d of August. These passes 
were permits to do this kind of work. 

I asked Mr. Davis if it would make any dif- 
ference where the work of destroying bridges 
was done. He said it did not; it might be 
done in Illinois, or any place; that we might 
destroy railroad bridges, commissary and 
quarter-master stores — any thing appertain- 
ing to the army, but as near Sherman's base 
as possible; that Sherman was the man who 
was doing more harm than any body else at 
that time. 

I presume Mr. Davis knew that the pay I 
received was for the work I had done; he 
knew I had received money there. 

The papers we pre.sented were statements 
written out by Mr. Clark, of the services 
rendered and the amount claimed. 



50 



THE CONSPIRACY TRIAL. 



Mr. Davis ficcmed fully aware of what we 
had done, and he did not condemn it. Mr. 
Majors and Barrett belonged to an organiza- 
tion known as the 0. A. K., or Order of 
American Knights. 

Q. Will you state, if you think proper to 
do eo, whether you are also a member of 
that order? You are not bound to state it, 
if the answer will criminate you in any way. 

[The witness dcclini'd to iinswur.] 

I understood that Colonel Barrett held the 
position- of Adjutant-General of this organi- 
zation, of the Sons of Liberty, for the State 
of Illinois. I do not know that Majors and 
Barrett were in Chicago in July last, but Mr. 
Majors left St. Louis, either in June or July, 
to go to Canada, and I presume went there 
by way of Chicago. 



THE CITY POINT EXPLOSION. 

Brio.-Gex. E. D. Townsend, U. S. A. 
For the Prosecution. — Jwie 12. 

I was well acquainted with G. J. Rains, 
who resigned as Lieutenant-Colonel of the 
Fifth Regiment of United States Infantry in 
1861. He has, I understand, since then been 

Brigadier-General in the rebel service. I 
am acquainted with his handwriting, and, to 
the best of my knowledge and belief, the sig- 
nature to the indorsement now shown to me 
ie in his handwriting. 

[The following letter, with the indorsement, was then 
read and put in evidence:] 

Richmond, December Ifi, 1864. 
Capt. Z. McDaniel, Corn ding Torpedo Co.: 

Captain: I have the honor to report that, 
in obedience to your order, and with the 
means and equipment furnished me by you, 
I left this city 2Gth July last, for the line of 
the James River, to operate with the "IIozo- 
logical Torpedo" against the enemy's vessels 
navigating that river. I had with me Mr. R. 
K. Diliard, who was well acquainted with the 
localities, and whose services I engaged for 
the expedition. On arriving in Isle of Wight 
County on the 2d of August, we learned of 
immense supplies of stores being landed at 
City Point; and, for the purpose, by stratagem, 
of introducing our machine upon the vessels 
there discharging stores, started for that point. 
We reached there before daybreak, on the 
9th of August last, with a small amount of 
provisions, having traveled mostly by night, 
and crawled upon our knees to pass the east 
picket line. Requesting my companion to re- 
main behind about lialf a mile, I approached 
cautiously the wharf, with my macliine and 
powder covered by a small box. Finding the 
Captain had come ashore from a barge then 
at the wharf, I seized the occasion to hurry 
forward with my box. Being halted by one 
of the wharf sentinels, I succeeded in passing 
him by representing that the Captain had 
ordered me to convey the box on board. 



I Hailing a man from the barge, I put the ma- 
chine in motion, and gave it in his charge. 
He carried it alioard. The magazine con- 
tained about twelve pounds of powder. Re- 
joining my companion, we retired to a safe 
distance to witness tlie effect of our effort. In 
about an hour the explosion occurred. Its 
effect was communicated to another barge 
beyond the one operated upon, and also to a 
large wharf building containining their stores, 
(enemy's,) whicii was totally destroyed. The 
scene was terrific, and the effect deafened my 
companion to an extent from which he hats 
not recovered. My own person wa-* severely 
shocked, but I am thankful to Providence 
that we have both escaped without lasting 
injury. We obtained and refer you to the 
inclosed slips from the enen)y's newspapers, 
which afford their testimony of the terrible 
effects of this blow. The enemy estimate the 
loss of life at lifty-eight killed and one hun- 
dred and twenty-six wounded, but we have 
reason to believe it greatly exceeded tiiat. 

The pecuniary damage we heard estimate*! 
at four millions of dollars; but of course we 
can give you no account of the extent of it 
exactly. I may be permitted, Captain, here 
to remark that, in the enemy's statement, a 
party of ladies, it seems, were killed by this 
explosion. It is saddening to me to realize 
the fact that the terrible effects of war induce 
such consequences; but when I remember the 
ordeal to which our own women have been 
submitted, and the barbarities of the enemy's 
crusade against us and them, my feelings are 
relieved ^y the reflection that while this 
catastrophe was not intended by us, it amounts 
only, in the providence of God, to just re- 
taliation. 

This being accomplished, we returned to 
the objects of our original expedition. We 
learned that a vessel (the Jane Dutfield) was 
in Warwick River, and, with the assistance 
of Acting-Master W. H. Hinds, of the Con- 
federate States navy, joined a volunteer party 
to capture her. She was boarded on the 17th 
September last, and taken without resistance. 
We did not destroy her, because of the effect 
it might have hp.d on the neighboring citizens 
and our own further operations. At the in- 
stance of the Captain she was bonded, he 
offering as a hostage, in the natiire of security 
to the bond, one of his crew, who is now 
held as a prisoner of war on this condition in 
this city. 

In the meanwhile we operated on the James, 
as the weather and moon co-operated, but 
without other succe.ss than the fear with which 
the enemy advanced, and the consequent re- 
tarding of his movements on the river. We 
neared success on several occasions. Finding 
onr plan of operations discovered by the 
enemy, and our persons made known and 
pursued by troops landed from their boats at 
Smithfield, we deemed it best to suspend oper- 
ations in that quarter and return to report to 
you, officially, our labors. Your orders were 



MILLION DOLLARS FOR ASSASSINATION. 



51 



(0 remain in the enemy's lines as long as we 
could do so; but I trust this conduct will 
meet your approval. The material unused has 
been safely concealed. I have thus, Captain, 
presented you in detail the operations con- 
ducted under your orders and the auspices of 
your company, and await further orders. 
Very respectfully, vour obedient servant, 
JOHN MAXWELL. 

INDORSEMENTS. 

December 17, 1864. 

Keport of J. Maxwell, of Captain Z. Mc- 
Daniel's Company, Secret Service, of his oper- 
ations on James Kiver. 

Respectfully forwarded to Brigadier-General 
Bains. Z. McDANIEL, 

Captain Company A, Secret /Service. 

Fob. Bu., Richmond, Va., \ 
December 17, lstj4. j 

For Hon. Secretary of War : 
Present. 

Respectfully forwarded, with remark that 
John Maxwell and R. K. Dillard were sent 
by Captain McDaniel into the enemy's lines 
by my authority, for some such purpose, and 
the supposition was strong, as soon as the 
tremendous explosion occurred at City Point, 
on the 9th August last, that it was done 
through their agency, but, of course, no re- 
port could be made until the parties returned, 
which they did on Wednesday last, and gave 
an account of their proceedings. 

This succinct narrative is but an epitome 
of their operations, which necessarily implies 
fecrec)', for the advantage of this kind of 
eervice, as well as their own preservation. 

John Maxwell is a bold operator and well 
calculated for such exploits, and also his co- 
adjutor, R. K. Dillard. 

G. J. RAINS, 
Brigadier General^ Sup't. 



MILLION DOLLARS FOR ASSASSINA- 
TION. 

John Cantlin. 

For the Prosecution. — June 27. 

I reside at Selma, Alabama, and am a 
printer. I was foreman of the Selma Dis- 
patch in December last. 

JThe following advertispmrnt, purporting to have been 
clipped from the Selma Dispatcli, was then read by the 
Judge Advocate, and offered in evidence :] 

"One Million Dollars Wanted to hate 
Peace by the 1st of March. — If the citizens 
of the Southern Confederacy will furnish me 
with the cash, or good securities for the sum 
of one million dollars, I will cause the lives 
of Abraham Lincoln, Wm. H. Seward, and 
Andrew Johnson to be taken by the 1st of 
March next. This will give us peace, and 
satisfy the world that cruel tyrants can not 
live in a ' land of liberty.' If this is not 
accompliehed, nothing will be claimed beyond 



the sum of fifty thousand dollars in advance, 
which is supposed to be necessary to reach 
and slaughter the three villains. 

"I will give, myself, one thousand dollars 
toward this patriotic purpose. Every one 
wishing to contribute will address Box X, 
Cahawba, Alabama. 

^'December 1, 1864." 

That advertisement was published in the 
Selma Dispatch, and, as far as I remember, 
at the date named. It was inserted four or 
five times; the manuscript passed through 
my hands, and was in the liandwriting of 
Mr. G. W. Gayle, of Cahawba, Ala. His 
signature was on the manuscript, to indicate 
that he was the author, and was responsible 
for it. I am lamiliar with his handwriting. 

The Selma Dispatch had a circulation of 
about eight hundred copies, and exchanged 
with most, if not all, the Richmond papers. 

Mr. Gayle is a lawyer of considerable 
reputation, and is distinguished, even in 
Alabama, for his extreme views on the sub- 
ject of slavery and the rebellion, and as an 
ardent supporter of the Confederacy. 

W. D. Graves. 

For the Prosecution. — June 27. 

I reside in Selma. Alabama, and am a 
printer. I was engaged in the office of the 
Selma Dispatch in December last, and 
remember seeing an advertisement published 
in that paper, signed "X," bearing date 
December Ist, 18(54, headed, "One Million 
of Dollars AV^anted, to have Peace by the 
First of March." I saw the manuscript 
from v/hich the advertisement just testified 
to was set up. It was in the handwriting 
of Colonel G. W. Gayle; I am well acquainted 
with it, having seen it frequently in articles 
we had published before. 



PROPOSALS TO RID THE COUNTRY 

"OF SOME OF HER DEADLIEST 

ENEMIES." 

Colonel R. B. Treat 
For the Prosecution. — May 22. 

I am Chief Commissary of the Army of 
the Ohio, and have recently been on duty in 
the State of North Carolina. The array 
with which I have been connected captured 
a variety of boxes said to contain archives 
of the so-called Confederate States. They 
were delivered up by General Joseph A. 
Johnston, at Charlotte, N. C. 

A letter was sent to General Schofield at 
Raleigh from General Johnston at Charlotte, 
stating that he had in his pos.-*esion there 
the records and archives of the Confederacy, 
which he was readj' to deliver on General 
Schofield's sending an otficer to receive 
them. The day following, an oflScer on the 



52 



THE CONSPIRACY TRIAL. 



General's staff was sent to Charlotte, wlio 
received tiieni ami broiiglit tliein to Kaleigli. 
From that point 1 brought them here, and 
delivered them at the VVar Department to 
Major Eckert, Acting Assistant Secretary of 
War. 

Major T. T. Eckert. 

For the Prosecution. — May 22. 

Yesterday morning I received at the War 
Department certain bo.xes from Colonel 
Treat, purporting to contain the archives or 
records of the War Department of the so- 
called Confederate States. Some of these 
boxes, by my direction, have been opened 
by Mr. Frederick 11. Hall, and their contents 
have undergone an examination by him. 

Frederick H. Hall. 

For the Prosecution. — May 22. 

I have opened certain of the boxes deliv- 
ered to Major Eckert, containing the archives 
of the so-called Confederate States. From 
the box marked "Adjutant and Inspector- 
General's Oliice; Letters received July to 
December, 18tJ-i," I took this letter. 

[The following letter was then read and offered in evi- 
dence:] 

MONTGOMEBY, WHITE SULPHUK SPEINGS, Va. 

To his Excellency the President of the Confed- 
erate States of America : 
Dear Sir: I have been thinking some 
time that I would make this communication 
to you, but have been deterred from doing 
so on account of ill health. I now offer you 
my services, and if you will favor me in my 
designs, I will proceed, as soon as my health 
will permit, to rid my country of some of her 
deadliest enemies, by striking at the very 
heart's blood of those who seek to enchain 
her in slavery. I consider nothing dishon- 
orable having such a' tendency. All 1 ask 
of you is to favor me by granting me the 
necessary papers, etc., to travel on while 
within the jurisdiction of the Confederate 
Government. I am perfectly familiar with 
the North, and feel confident that I can 
execute any thing I undertake. I am just 
returned now from within their lines. I am 
a lieutenant in General Duke's command, 
and 1 was on the raid last June in Kentucky 
under General John H. Morgan. I and all 
of my command, excepting about three or 
four, and two commissioned officers, were 
taken prisoners; but finding a good oppor- 
tunity, while being taken to prison, I made 
my escape from them. Dressing myself in 
the garb of a citizen, I attempted to pass 
out througii the mountain; but finding that 
impossible, narrowly escaping two or three 
times from being retaken, I shaped my 
course north and went through to theCanadas, 
from whence, by the assistance of Colonel 
J. P. Holcombe, 1 succeeded in making my 
way around and through the blockade; but 



having taken the yellow fever, etc., at Ber- 
muda, 1 have been rendered unfit for service : 
since my .arrival. 

I was reared up in the State of Alabama, 
and educated at its university. Both the 
Secretary of War and his assistant, Judge 
Campbell, are personally acquainted with 
my father, William J. Alston, of the Fifth 
Congressional District of Alabama, having 
served in the time of the old Congress, in the 
years 184y-oU-51. 

If I do any thing for you, I shall expect 
your full confidence in return. If you do 
this, I can render you and my country very 
important service. Let me hear from you soon. 
I am anxious to be doing something, and 
having no command at present, all, or nearly 
all, being in garrison, 1 desire that you favor 
me in this a short time. I would like to 
have a personal interview with you, in order 
to perfect the arrangements before starting. 
1 am, very respectfully. 
Your obedient servant, 

Lieut. W. ALSTON. 

INDORSEMENTS. 

A, 1,390. Lieutenant W. Alston, Mont- 
gomery, Sulphur Springs, Va. [No date.] 

Is lieutenant in General Duke s command. 
Accompanied raid into Kentucky and was cap- 
tured, but escaped into Canada, from whence 
he found his way back. Been in bad health. 
Now offers his services to rid the country 
of some of its deadliest enemies. Asks for 
papers to permit him to travel within the 
jurisdiction of this Government. Would like 
to have an interview and explain. 

Respectfully referred, by direction of the 
President, to the Honorable Secretary of War. 
BURTON W. HARRISON, 

Private Secretary. 

Received November 29, 1864. 
Recorded book A. A. G. 0., December 15, 
1864. 
A. G. for attention. 
By order. J. A. CAMPBELL, A. S. W. 

Lewis W. Chamberlayne. 

For the Prosecution. — May 26. 

1 reside at Richmond, Virginia, and have 
been on duty as a clerk in the War Department 
of the Confederate States. While so acting, 
I became acquainted with the handwriting 
of John A. Campbell, rebel Assistant Secre- 
tary of War, and late Judge of the Supreme 
Court of the United States; also, with that 
of Burton W. Harrison, the Private Secretary 
of Jefferson Davis. 1 liave examined the 
letter of Lieutenant W. Alston, and the 
indorsements thereon, and the indorsement, 
" Respectfully referred, by direction of the 
President, to the Honorable Secretary of 
War," is, to the best of my knowledge and 
belief, in the handwriting of Burton W 
Harrison, who was recognized in the Wax 



COMMISSIONS FOR RAIDERS. 



53 



Office at Richmond as the private secretary 
of Jeft'erson Davis. 

The other indorsement, 

"A. G. for attention. 
"By order. 

[Signed] "J. A. Campbell, A. S. W." 
is in the handwriting of Judge Campbell. 



COMMISSIONS FOR RAIDERS. 

George F. Edmunds. 
For the Prosecution. — May 27. 

I reside at Burlington, Vt, and am coun- 
selor at law. At the recent trial of the St. 
Albans raiders that took place in Canada, 
I appeared as counsel in behalf of the Gov- 
ernment of the United States. 

In the performance of my duty there, I 
became acqirainted with Jacob Thompson, 
William C. Cleary, Clement C. Clay, George 
N. Sanders, and others of that clique. They 
assumed to be officers of the Confederate 
Government in defending these raiders. I 
have no personal knowledge of their real 
authority, but they were notoriously under- 
Btood there to be the representatives of the 
rebel cause. Mr. Cleary was examined as a 
witness on the part of the defendants; he 
represented that the persons engaged in this 
raid were acting under the authority of the 
Confederate Government. All those who 
testified stood upon that defense. 

The volume entitled "The St. Albans 
Raiders, or Investigation into the Charges 
against Lieutenant Bennett H. Young, and 
Command for their acts at St. Albans. Vt. 
on the 19th of October, 1864, compiled by 
L. N. Benjamin, B. C. L., printed at Montreal 
by John Lovell," contains, on page 216, a copy 
of a paper marked R, the original of which 
was given in evidence at the trial, on the part 
of the defendant, Mr. Young, and others. I 
examined the original very critically, and I 
am able to swear that this is substantially a 
copy, and I have no doubt it is a literal one. 
[The following was then read and put in evidence:] 



Confederate States of America,") 

War Departmf.nt, > 

Richmond, Va., June 16, 1864. J 

To Lieutenant Bennett H. Young : 

Lieutenant: You have been appointed 
temporarily first lieutenant in the provisional 
army for special service. 

You will proceed, without delay, to the 
British Provinces, whei-e you will report to 
Messrs. Thompson and Clay for instructions. 

You will, under their direction, collect 
together such Confederate soldiers who have 
escaped from the enemy, not exceeding twenty 
in number, as you may deem suitable for the 
purpose, and will execute such enterprises as 
may be intrusted to you. You will take care 
to commit no violation of the local law, and 



to obey implicitly their instructions. You 
and your men will receive from these gentle- 
men transportation, and the customary rations 
and clothing, or the commutation tlierefor. 
JAMES A. SEDDON, 
Va., June 16. Secretary of War. 

Bennett H. Young, who was on trial, pro- 
duced that document as his authority for the 
acts he did at St. Albans. 

Henry G. Edson. 
For the Prosecution. — June 10. 

I reside at St. Albans, Vt., and am an at- 
torney and counselor at law. I was in 
Canada during the judicial investigations in 
connection with the St. Albans raid, acting as 
counsel in behalf of the bank and the United 
States. I saw there George N. Sanders, Ja- 
cob Thompson, Clement C. Clay, and others 
of that circle of rebels. 

I heard a conversation between George N. 
Sanders and other parties at St. John's, in re- 
gard to movements in the States contemplated 
by the rebel authorities. I made a memo- 
randum in my diary of this conversation at 
the time* 

In speaking of the so-called St. Albans raid, 
George N. Sanders said he was ignorant of it 
before it occurred, but was satisfied with it. 
He said that it was not the last that would 
occur; but it would be followed up by the 
depleting of many other banks, and the burn- 
ing of many other towns on the frontier, and 

that many Yankee sons of (u.sing a 

course, vulgar expression) would be killed. 
He said that they had their plans perfectly 
organized, and men ready to sack and burn 
Buffalo, Detroit, New York, and other places, 
and had deferred them for a time, but would 
soon see the plans wholly executed; and any 
preparation that could be made by the Gov- 
ernment to prevent them would not, though 
it might defer them for a time. He made 
other statements in connection with the case; 
that he had hired a house in St. John's, 
which he- intended to furnish himself, to ac- 
commodate his friends and attorneys; that 
he had employed twenty or thirty counsel in 
Canada. 

Sanders claimed to be acting as an agent 
of the so-called Confederate Government. 
He said that he had retained the counsel who 
had acted in the case, and that Mr. Clement 
C. Clay, from the Clifton House, was also to^ 
aid. " 



PLOT TO BURN NEW YORK CITY. 

Colonel Martin Burke. 

For the Prosecution. — May 29. 

I knew Robert C. Kennedy, who was 
hanged in New York in March last. I had 
charge of him and had him hung. I hold 
in my hand a confession made by him in 



my presence, a day or so before liis execu- 
tion. 

[The following was then read and put in evidenco:] 
COXFESSIOX OF ROBERT C. KENNEDY. 

Afler my escape from Johnson's Island, 1 
went to Canada, where I met a number of 
Confederates. They asked me if I was will- 
ing to go on an expedition. I replied, "Yes, 
if it is in the service of my country." They 
said, "It is all right," hut gave no intima- 
tion of its nature, nor did I ask for any. I 
was then sent to New York, where I staid 
some time. There were eight men in our 
party, of whom two fled to Canada. After 
we had been in New York three weeks, we 
were told that the object of the expedition 
was to retaliate on the North for the atroc- 
ities in the Shenandoah Valley. It was de- 
signed to set fire to the city on the night of 
the Presidential election; but the phospho- 
rus was not ready, and it was put off until 
the 2;>th of November. I was stopping at 
the Belmont House, but moved into Prince 
Street. I set fire to four places — in Barnum's 
Museum, Lovcjoy's Hotel, Tammany Hotel, 
and the New England House. The others 
only started fires in the house where each 
was lodging, and then ran off. Had they all 
done as I did, we would have had thirty-two 
fires, and played a huge joke on the fire de- 
partment. I know that 1 am to be hung for 
setting fire to Barnum's Museum, but that 
was only a joke. I had no idea of doing it. 
I had been drinking, and went in there with 
a friend, and, just to scare the people, I 
emptied a bottle of phosphorus on the floor. 
We knew it would n't set fire to the wood, 
for we had tried it before, and at one time 
concluded to give the whole thing up. 

There was no fiendishness about it. After 
setting fire to my four place.s, I walked the 
streets all night, and went to the Exchange 
Hotel early in the morning. We all met 
there that morning and the next night. My 
friend and I had rooms there, but we sat in 
the office nearly all the time, reading the 
papers, while we were watched by the de- 
tectives, of whom the hotel was full. I ex- 
pected to die then, and if I had, it would 
have been all right; but now it seems rather 
hard. I escaped to Canada, and was glad 
enough vvlien I crossed the bridge in safety. 

I desired, liowever, to return to my com- 
mand, and started with my friend for the 
Confederacy, via Detroit. Just before enter- 
ing the city, he received an intimation that 
the detectives were on the lookout for us, 
and, giving me a signal, he jumped from the 
cars. I did n't notice the signal, but kept on, 
and was arrested in the depot. 

I wish to say that killing women and 
children was the last thing thought of We 
wanted to let the people of the North under- 
stand that there were two sides to this war, 
and that thev can't be rolling in wealth and 



'comfort, while we at the South are bearing,^ 

all the hardships and privations. 

In retaliation for Sheridan's atrocities in 
the Shenandoah Valley, we desired to destroy 
property, not the lives of women and chil- 
dren, although that would, of course, have 
followed in its train. 

Done in the presence of 

Luai-Coi,. MARTIN BURKE, 
And J. HOWARD, Jr. 

March 24, 10:30 P. M. 



INTRODUCTION OF PESTILENCE. 

Godfrey Joseph Hyams, 
For the Prosecution. — Maj/ 29. 

I am a native of London, England, but 
liave lived South nine or ten years. During 
the past year, I have resided in Toronto, 
Canada. About the middle of December, 
1863, I made the acquaintance of Dr. Black- 
burn ; I was introduced to him by the Rev. 
Stewart Robinson, at the Queen's Hotel, in 
Toronto. 1 knew him by sight previously, 
hut before that had had no conversation 
with him. I knew that he was a Confeder- 
ate, and was working for the rebellion. Dr. 
Blackburn was then about to take South 
some men who had escaped from the Fed- 
eral service, and I asked to go with him. 

He asked me if I wanted to go South and 
serve the Confederacy. I said I went. He 
then told me to come up stairs; lie wanted 
to speak to me. He took me up stairs to 
a private room, and pledged his word, as a 
Freemason, and offered his hand in friend- 
ship, that he would never deceive me; he said 
he wanted to confide to me an expedition. 
I told him I would not care if I did. He 
said I would make an independent fortune 
by it, at least $100,000, and get more honor 
and glory to my name than General Lee, 
and be of more assistance to the Confederate 
Government, than if 1 was to take one hun- 
dred thousand soldiers to reinforce General 
Lee. I pledged my word that 1 would go, . 
if I could do any good He then told mc 
he wanted me to take a certain quantity of 
clothing, consisting of shirts, coats, and un- 
derclothing into the States, and dispose of 
them by auction. I was to take them to 
Washington City, to Norfolk, and as far 
South as I could possibly go, where the Fed- 
eral Government held possession and had the 
most troops, and to sell them on a hot day 
or of a night; that it did not nmtter wliat 
money I got for the clothes; I had just to 
dispose of tliem in the best market, where 
there were most troops, and where they 
would be most effective, and then come 
awav. 

H'e told me I should have $100,000 for 
my services; $60,000 of it directly afler I 
returned to Toronto ; but he said that would 



INTRODUCTION OF PESTILENCE. 



55 



not be a circumstance to what I should get. [ to smuggle the trunks into Boston. The 



lie said I might make ten times $100,000. 

I was to stay in Toronto, and go on with 
my legitimate business, until I heard from 
him. He told me to keep quiet, and if I 
moved anywliere, I was to inform Dr. Stuart 
EobiiisoM where I went to, and he would 
telegraph for me, or write to me through 
him. Some time in the month of May, 1864, 
I went to my work, and worked on until the 
8th day of June, 1864; it was on a Satur- 
day night; I had been out to take a pair 
of boots home to a customer of mine; and 
when I returned home, my wife had a letter 
for me from Dr. Blackburn, which Dr. Stu- 
art Robinson had left in passing there. I 
read the letter, and went out to see Dr. Rob- 
inson. I asked him what I was to do about 
it; he said lie did not know any thing at all 
about it; that he did not want to furnish any 
means to commit an overt act against the 
United States Government. He advised me 
to borrow from Mr. Preston, who keeps a 
tobacco manufactory in Toronto, enough 
money to take me to Montreal, which I did. 
I went down to Montreal, and there got 
money from Mr. Slaughter, according to the 
directions contained in the letter. The letter 
instructed me to proceed from Montreal to 
Halifax to meet Dr. Blackburn ; it was dated 
"Havana, May 10, 1864." I went to Hal- 
ifax, to a gentleman by the name of Alexan- 
der H. Keith, jr., and remained under his 
care until Dr. Blackburn arrived in the 
eteaitier Alphia, on the 12th of July, 1864. 
When Dr. Blackburn arrived, he sent to the 
Farmer's Hotel, where I was staying, for me. 
I went to see him, and he told me that 
the goods were on board the steamer Alphia, 
and that the second officer on the steamer 
would go with me and get the goods off, as 
they had been smuggled in from Bermuda. 
Mr. Hill, the second officer, told me to get 
an express wagon and take it down to Cu- 
nard's steamboat wharf; I did so, and there 
got eight trunks and a valise. I was directed 
to take them to my hotel, and put them in 
a private room. I put them in Mr. Doran's 
private sitting-room. 

I then went around to Dr. Blackburn and 
told him I had got the goods ofi' the steamer. 
Tie told me that the five trunks tied up with 
ropes were the ones for me to take, and asked 
me if I would take the valise into the States, 
and send it by express, with an accompany- 
ing letter, as a donation to President Lin- 
coln. I objected to taking it, and refused 
to do it. I then took three of the trunks 
and the valise around to his hotel. He was 
then staying at the Halifax Hotel. The 
trunks had Spanish marks upon them, and 
he told me to scrape them off; and that Mr. 
Hill would go with me the next morning, 
and make arrangements with some captain 
of a vessel to take them. There were two 
vessels there running to Boston, and I was 
to make an arrangement with either of them 



next morning I went down with Mr. Hill to 
the vessels. 

Mr. Hill had a private conversation witli 
Captain McGregor, the captain of the first 
vessel to whom we applied, and he refused 
to take the goods. We then went to see 
Captain John O'Brien of the bark Halifax. 
Hill told him that I had some presents in 
my trunks, consisting of silks, satin dresses, 
etc , that I wanted to take to my friends. 
The Captain and Mr. Hill had a private 
conversation, and when the Captain came 
out, he consented to take them. I was to 
give him a twenty-dollar gold piece for 
smuggling them in. I put tliem on board 
the vessel that day, and he stowed them 
away. The vessel laid live days at Boston 
before he could get a chance to get them off, 
but he finally succeeded in getting them off, 
and expressed them to Philadelpiiia, where 
1 received them, and brought thenr to Bal- 
timore. I then took out the goods, which 
were very much rumpled, smoothed them 
out, and arranged them, bought some new 
trunks, and repacked them, and brought 
them to this city. 

Dr. Blackburn, by way of caution, asked 
me before leaving if I had had the yellow 
fever; and on my saying "No," he said, 
" You must have a preventive against 
catching it. You must get some camphor 
and chew it, and get some strong cigars, the 
strongest you can get, and be sure to keep 
gloves on when handling the things." He 
gave me some cigars that he said he had 
brought from Havana, wliich he said were 
strong enough for any thing. 

When I arrived in this city, I turned over 
five of the trunks to Messrs. W. L. Wall & 
Co., commission merchants in this city, and 
four to a man by the name of Myers from 
Boston, a sutler in Sigel's or Weitzel'a 
division. He said he had some goods which 
he was going to take to Newbern, North 
Carolina, and I told him that I had a lot 
of goods that I wanted to sell, and to make 
the best market I could for them, I would 
turn them over to him on commission. I 
also told bin) I would shortly have more, 
and mentioned that I had disposed of some 
to Wall & Co., of this city. Dr. Blackburn 
told me, when I was making arrangements, 
that I should let the parties to whom I 
disposed my goods know that I would have 
a big lot to sell, as it was in contemplation to 
get together about a million dollars' worth 
of goods and dispose of them in this way. 

Dr. Blackburn stated that his object in 
having these goods disposed of in different 
cities, was to destroy the armies or anybody 
that they came in contact with. All these 
goods, he told me, had beer carefully infected 
in Bermuda with yellow fever, small-})0x, 
and other contagious diseases. The gooils in 
the valise, which were intended for President 
Lincoln I understood him to say, had been 



56 



THE COXSrillACY TRIAL. 



infected botli with yellow fever and small- 
pox. This valise I declined taking charge 
of, and turned it over to him at the Halifax 
Hotel, and I afterward heard that it had 
been sent to the President 

On the five trunke that I turned over to 
W. L. Wall & Co., I got an advance of $100. 
Among these five trunk.s there was one that 
■was always spoken of by Blackburn to me 
as "Big No. 2," which he said 1 must be sure 
to have sold in AVashinglon. 

On disposing of the trunks, I immediately 
left Wasliington, and went straight through 
until I got to Hamilton, Canada. In the 
waiting-room there I met Mr. Holcombe and 
Mr. Clement C. Clay. They both rose, shook 
hands with me, and congratulated me upon 
iny safe return, and upon my making a for- 
tune. They told me 1 should be a gentleman 
for the future, instead of a working-man and 
a mechanic. They seemed perfectly to under- 
stand the business in which I had been 
engaged. Mr. Holcombe told me that Dr. 
Blackburn was at the Donegana Hotel in 
Montreal, and that 1 had better telegraph to 
him, stating that I had returned. 

As Dr. Blackburn had requested me to 
telegraph to him, as soon as I got into 
Canada, I did so; and the next night, be- 
tween 11 and 12 o'clock, Dr. Blackburn 
came up and knocked at the door of my house. 
I was in bed at the time. I looked out of 
the window and saw Dr. Blackburn there. 
Said he, " Come down, Hyams, and open the 
door; you're like all damned rascals who 
have been doing something wrong — you're 
afraid the devil is after you." He was in 
company with Bennett II. Young. I came 
down and let him in. He asked me how I 
had disposed of the goods, and I told him. 
" Well," said he, '" that is all right, as long as 
big No. 2 went into Washington; it will kill 
them at sixty yards' distance." I tlien told 
the Doctor that every thing had gone wrong at 
my home in my absence; that I needed some 
funds; that my family needed money. He 
said he would go to Colonel Jacob Thompson 
and make arrangements for mij to draw upon 
him for any amount of money I required. 
He then said that the British authorities had 
solicited his services in attending to the yellow 
fever that was then raging in Bermuda; that 
he was going on there ; and that as soon as he 
came back lie would see me. I went up to 
Jacob Thompson the next morning, and 
told him what Dr. Blackburn had said. He 
said, "Yes; Dr. Blackburn had been there, 
and had made arrangements for me to draw 
$100 whenever it was shown that I had made 
di.'^position of the goods according to his 
direction." 1 told him I needed money; that 
I had been so long away from home that 
every thing I had was gone, and I wanted 
money to pay ujy rent, etc. He said, "I will 
give you $jO now, but it is against Dr. 
Blackburn's request; when you show me that 
you have sold the goods, I will give you the 



balance." He asked me to give him a 
receipt, which I did: "Received of Jacob 
Thompson he sum of $50, on account of 
Dr. Blackburn." That was about the ilth 
or 12th of August last. The next day I 
wrote to Messrs. Wall & Co., of Washington, 
desiring them to send me an account of the 
sales, and the balance due me. When I 
received their answer, I took it up to show 
to Colonel Thompson. He then said he was 
perfectly satisfied I had done my part, and 
gave me a check for $oO on the Ontario 
Bank. I gave him a receipt: "Received 
from Jacob Thompson $100, in full, on 
account of Dr. Luke P. Blackburn." 

I told Jacob Thompson of the large sum 
which Dr. Blackburn had promised me for 
my services, and that he and Mr. Holcombe 
had both told me that the Confederate Gov- 
ernment had appropriated $200,000 for the 
purpose of carrying it out; but he would not 
pay me any thing more. 

When Dr. Blackburn returned from Ber- 
muda, I wrote to him at Montreal, and told 
him I wanted some money, and that he 
ought to send me some ; but he made no reply 
to my letter. I was then sent down to Mon- 
treal with a commission for Bennett H. 
Young, to be used in his defense in the St. 
Albans raid case. I there met Dr. Black- 
burn. He said I had written some hard let- 
ters to him, abusing him, and that he had no 
money to give me. He then got into his car- 
riage at the door, and rode off to some races, I 
think, and never gave me any more satisfac- 
tion. As I wanted money before leaving for the 
States, I went to the Clifton House, Niagara. 
Dr. Blackburn told me he had no money 
with him then, but that he would go to Mr. 
Holcombe and get some, as he had Confed- 
erate funds with him. Blackburn said that 
when 1 returned he would get the money for 
the expedition, from either Holcombe or 
Thompson, it did not matter which. From 
this, and from Holcombe and Clay both 
shaking hands with me, and congratulating 
me at Hamilton upon my safe return, I 
thought, of course, they knew all about it. 

I do not know that Dr. Stuart Robinson 
knew of the business in which I was engaged, 
but he took good care of me while I was 
at Toronto, in the fall, and until Dr. 
Blackburn wrote for me in the spring; and 
when he gave me Dr. Blackburn's letter, he 
told me to borrow the money from Mr. 
Preston to take me to Montreal, as he said 
he did not want to commit an overt act 
against the United States Government him- 
self Mr. Preston lent me $10 to go to 
Montreal. On arriving at that place, accord- 
ing to the directions in Dr. Blackburn's 
letter, I went to Mr. Slaughter to get the 
means to take me to Halifax. Mr. Slaughter 
was short of funds, and had only $2") that he 
could give me. He said that I had better go 
to Mr. Holcombe, who was staying at the 
Donegana Hotel, and he would give me the 



STARVATION OF UNION PRISONERS. 



57 



oalance. I went to the hotel and sent up my 
name. Mr. Holcombe had heard of my 
name, and he sent for me to come up. I 
told him that I wanted some money to take 
me to Halifax; he asked me how much I 
wanted ; I told him as much as would make 
up $40; he said, "You had better take $50;" 
but as I did not want that much, I only took 
enough to make up $40. When 1 came to 
Washington to dispose of the goods, which 
was on the 5th of August, 1864, I put up at 
the National Hotel ; registered my name as 
J. W. Harris, under which name I did 
business with Wall & Co. 

W. L. Wall. 

For the Prosecution. — May 29. 

T am an auction and commission merchant 
in this city. In August last, while I was out 
of town, a Derson named Harris called at my 
store, and told my book-keeper that he had 
eome shirts that he wanted to sell at auction, 
and asked him if he would sell them the next 
morning. The clerk told him he would. 
Harris then asked for an advance of $100. 
The money was given him, and the shirts 
were sold the next morning. 

A. Brenner. 

For the Prosecution. — May 29. 

During last summer I was a clerk in the 
service of Mr. Wall, of this city. In the 
month of August a man named J. W. Harris 
came to the store late one evening. I sup- 
posed him to be a sutler returning home. 
He said he had some twelve dozen shirts and 
some coats, which he asked me to sell. I 
advanced him $100 on them, and sold them 
the next morning. They were packed in five 
trunks. 

On the 1st of September he wrote from 
Toronto, for an account of sales and the bal- 
ance of the money, as follows : 

Messrs. Wall & Co., Auction and Commission 

Merchants : 

Gentlemen: On Friday, the 5th of August, 
last month, I left in your care five trunks, 
containing one hundred and fifty fancy woolen 
shirts and twenty-five coats, to be sold at auc- 
tion on the next morning, and bnsiness call- 
' ing me to Toronto, I have not been able to 
go to the States since. I beg most respect- 
fully that you will send me an account of 
sales, and a check on New York for the pro- 
ceeds. I have written before, but I have re- 
ceived no answer. I shall come over in Oc- 
tober, about the 10th, with some five or six 
thousand pairs of boots and shoes. 
Yours most respectfuilv, 

J. W. HARRIS, 

Care of Post-office Box No. 126, Toronto, C. W. 

I sent him the following account of the 
sales, and the balance of the money : 



Salf.s on Account of J. W. Habeie, Esq. 

% shirts, purchased by Stoigler & Seigcl $134 40 

9 coats, purchased by Walker 4 50 

3 trunks, purchased by Wm. Smith 1 .'^O 

2 truuks, purchased by Hand .'. 2 50 

SU2 90 

April fi. Cash $100 no 

Sept. 5. Com., duty, and war tax 14 29 

" Cash, per balance 28 61 

$142 90 S142 90 

The shirts I bought were tossed into the 
trunks promiscuously, and I supposed the 
packing had been done in a hurry. When 
I first opened the trunks I was in doubt 
about the money I had advanced being a 
safe investment, but a close inspection of the 
clothing showed it to be new, and that it had 
not been worn. 



STARVATION OF UNION PRISONERS. 

Salome Marsh. 
For the Prosecution. — May 25. 

I entered the United States service in 1861 
as Lieutenant of the Fifth Maryland Volun- 
teer Infantry, and served until the 31st of 
August, 1864. At the time I quit the service 
I held the rank of Lieutenant-Colonel. 

While Major, I was a prisoner of war, 
confined at Libbv Prison, from the loth of 
June, 1863, to the 21st of March, 1864. 

I was captured near W^inchester, on the 
Martinsburg road, on the 15th of June. I 
was then in General Milroy's command, and 
at the time of my capture I was in command 
of my regiment. I was captured by General 
E well's corps, of the rebel army. I was 
taken to Winchester, and, on account of ill 
health, was kept there two weeks in ho.^pital. 
I was somewhat sick at the timQ of nAy cap- 
ture, from excessive duty, exposure, etc. At 
the expiration of two weeks my health some- 
what improved. I was then compelled to 
march to Staunton in a feeble condition; and 
on the road was treated very kindly by the 
oflicer in charge of the squad. I arrivcil in 
Libby Prison, and was incarcerated tliera 
The rations we received there when I first 
arrived were small, but such as they gave us 
at first were tolerably fair. Tliere was itliout 
one loaf of bread allowed to two men — half 
a loaf per man — and, I judge, about four 
ounces of meat, and about three spoonfuls 
of rice. That constituted the ration that we 
received at first. After I had been there 
about four months, the meat was stoiiped, 
and we only received it occasionally. Tlieu 
they took the bread from us, and gave us 
instead what they called corn-bread, but it 
was of a very coarse character. I have 
known the officers there to be without meat 
for two or three weeks at a time, and receive 
nothing but the miserable corn bread that 
they gave us. Occasionally they would dis- 
tribute some few potatoes, but of the very 
worst character, rotten, etc., such as the men 



58 



THE CONSPIRACY TRIAL. 



could hardly eat This continued for some 
time. The officera held a meeting there in 
regard to the treatment we were receiving, 
and a letter was eent to General Ould, the 
rebel Commissioner of Exchange, signed by 
Colonel Streight, 1 think, who was chairman 
of the meeting at the time, complaining of 
our treatment, and asking that we should re- 
ceive better treatment. General Ould sent a 
written reply, stating that our treatment was 
good enough, better than their prisoners were 
receiving in our prisons, at Fort Delaware 
and other places. 

When I had been there some five months, I 
was taken sick with the dropsy, for the want 
of proper nourishment, proper diet, etc., and 
was quite ill, and was sent to the hospital. 
1 remained there some few weeks. During 
my stay in the hospital I saw some enlisted 
men brought in from Belle Isle. The con- 
dition of these men was horrible in the ex- 
treme. I am satisfied from their appearance 
that they were in a starving condition. Out 
of a squad of forty that were brought in. at 
least from eight to twelve died the first night 
they were brought there. I asked the As- 
sistant Surgeon in charge of the officers' de- 
partment of tlie hospital — I forget his name; 
he was very kind to us, though, and very 
much of a gentleman — what was the matter 
with these men. He stated that their condi- 
tion was owing to the want of proper treat- 
ment; that they did not receive the nourish- 
ment that they'ought to have for such men. 
I suppose 1 had been in that hospital about 
two weeks when two of the officers made 
their escape. Major Turner, the keeper of 
Libby Prison — who was a very passionate 
man, and very insulting to the officers, al- 
ways insulting in his remarks whenever he 
had occasion to speak to any of them, and 
very ungentlemanly — took it into his head to 
remove us from that place, and take us back 
to Libby Prison. He had a room washed 
out for us in Libby, and removed us to that 
room while it was in a wet condition, al- 
though i^ome of the officers who were in the 
hospital were in a dying state. We were 
placed in that wet room and compelled to 
remain there twenty-four hours, without cot. 
b^d, or any thing else to lie upon, and with- 
out a morsel to eat, as a punishment, be- 
cause those two men had escaped. The 
treatment generally to prisoners was of a very 
harsh character. 

Colonel Powell spoke to Turner in regard 
to the tre.'itment he had inflicted upon those 
men. Colonel Powell said he thought it was 
wrong to punish a parcel of sick and dying 
men for tiie sake of two who had attempted 
to escape. His reply was, as i\ear, as I can 
recollect, ''It is too danjned good for you."* 

The only opportunity 1 had of knowing 
the treatment enlisted men received, was from 



* In contrMt with the above, and to ahow how Confpd- 
•rato prisoner! were treated in " Korthcrn " prisons, wo 



seeing those men that were brought to tlie 
hospital while I was there. They were in an 
emaciated condition, and their whole appear- 
ance indicated tiiat they were suffering for 
want of food, and were in a state of starva- 
tion. I noticed that, though in a totteiing 
and feeble condition, they were eager to ob- 
tain something to eat, and would gratjp at 
any thing that was offered them in tlie shape 
of victuals; and I am satisfied that the pris- 
oners brought to the hospital died simply of 
neglect, and the want of propter food — ol 
starvation. 

The only reason that I could hear from the 
rebel authorities for their treatment of LInion 
pri.soners, was that it was a matter of retal- 
iation ; they said that their prisoners were 
treated in a worse manner than we were. 

As to the quantity of food given us, a man 
might possibly live on what they gave us at 
first, although it was not near what we 
would call a full ration. Subsequently, the 
quantity given could not possibly support life 
for any length of time. The corn bread 
which they gave us was corn-meal and bran; 
it was very coarse, baked in a rough condi- 
dition, and very often we had to live on that 
and water alone for days at a time. 

Frederick Memmert. 
For the Prosecution. — May 25. 

I have held the rank of Captain in the 
United States service for two years and ten 
months. On the l-')th of June, 1S0;>, I waa 
taken prisoner, and was exchanged on the 
l.st of May, lSf)4. I was confined in the Libby 
Prison, and the treatment we received there 
was simply awful. 

When we went there first, we had half a 
loaf of wheat-bread, between three and four 
ounces of meat, and about two tablespoon- 
.'"uis of rice. That was continued for about 



cive the following extract from a letter receired by ns 
during tlic progress of this trial : 

"B.\LTIM0KH, June 21, 1865. 
• • • • "When South Carolina took the fatal step of 
seci'ssion, I was Iccturiiii; in the I'nivorsity of Vir^nia, 
having an LMiKagt-nicnt which would have paid nio *,'>00 for 
two wt(.k8 more work. I cast in my lot with the Southern 
Conrt'deracy, and with that was wrecked on tho 'L«o' 
shore. 

" I was taken prisoner on the 25th of January, 1S64, and 
lield as a prisoner of war until the 5th of June, 186.i, when 
I w;is released, and took the oath of alleciance lo the 
United States. Fourteen months of my imprisonment wrro 
spent as superintendent of a prisonen>' school at Point 
Iiookout. Tliis school had a library of .1,000 volumes, 
mostly school books. There were l,lH«i pupils ami .V)teach- 
ers. We tauiiht many poor fellows to read and write who 
had never understood such mysteries before. 

" Uut we did not confine ourselves to the lower branches. 
We tauRht all the Knglish lo ;. iiches, Latin, Ureek, French, 
German, and mathematics through triKouomrtry. 

" I was appointed agent for the distribution of snppliea 
furnished by the C. S. for the prisoners at Point Lookout, 
and as such distributed over $."00,(100 worth of goods. Af- 
terward I was promoted to the high position of ' Mayor 
of the t'ity of Canvas," anci was charced with the duty of 
maintaining law and order among my iivnui coniradet. 
Thus 1 have passed sixteen lung mouths a prisoner " 



STAKVATION OF UNION PRISONERS. 



59 



four months; after that the treatment was 
very bad. We had a meeting, at vvliicli 
Colonel Streight presided, and of which Col- 
onel Irvine, who was afterward our Assist 
ant Exchange Commissioner, was Secretary. 
We sent a communication to Judge Ould, 
which he sent to the rebel Secretary of War, 
Seddon. We received for answer that they 
could do notliing for us ; that it was good 
enough for Yankees; that their prisoners 
were treated just as badly as we were; and 
that they could not help us in any way. We 
then sent another communication, asking 
them to give us our money, (which they had 
taken away from us when we came to the 
Libby,) that we might have something to 
buy food with, but they would not do tiiat. 
I had my money hid under my shoulder- 
straps, and kept it there; but the others had 
given theirs up, and it was never returned. 

We often had no meat Jbr twenty days. 
After I had been there four months, they 
stopped the meat for five or six days, and 
gave us bread and water, a little beans and 
rice. At this time we got half a loaf of corn- 
bread, or about ten ounces, I guess. When 
I left Libby, we had had nothing but corn- 
bread and water for twenty days. The pris- 
oners were very much reduced and emaciated 
by this treatment, and a great many of them 
liad the scurvy. 

The bearing of the keepers of the prison 
was rough and insulting, and they abused us 
in every way they could. 1 went to the hos- 
pital two or three times when our Lieutenant- 
Colonel dieil, and the prisoners who were 
brought in looked awful; I can not find any 
word to describe how tliey looked. Their 
contiition was the re>iult of starvation. 

After the battle of Chickamauga, and the 
wounded prisoners from the West were brought 
in, I saw some fifteen or sixteen amputated 
cases placed on a cart, and a rope tied around 
them, so that tiiey could not fail otF; and they 
were carried in that way from the depot to 
the hospital, although right opposite Libby, 
not more than one thousand yards oft", J 
guess, there were twenty or twenty-five am- 
bulances not in use. 

At the time I left Libby, I had the scurvy 
80 badly that I could hardly walk, and I 
have been sick pretty much ever since; and, 
though I have now recovered, I still feel it, 
and have not the strength I used to have. 

When Turner, the keeper of the prison, 
came up, which was very seldom, we spoke 
to him about ameliorating the condition of 
the prisoners. We also spoke to a committee 
from their Senate that was appointed to go 
througli the Libby and examine our condi- 
tion ; they reported favorably, although we 
ehowed them the bread we got, and told them 
we received no meat, and little of any thing 
else. 

I went to Turner once and told him I 
wanted to get some medicine; that I was get- 
ting worse, and could hardly walk; and that 



the doctor would not give me any. Turner 
said he had not got any. His words were, 
"You can not have any; it don't make any 
difference to me. What the hell have I to do 
with it?" When I told him that I had 
nothing to eat, and no money to buy any 
thing, he said, "That's good enough for 
Yankees." 

We once remonstrated with Dick Turner, 
who was an inspector there, and told him 
that we did not get any thing to eat, and how 
things were. He said, "That's good enough 
for you. Our prisoners are just as badly 
treated by your fellows as you are here, and 
you have no business to come down here. I 
wish to kill you oft". H" I had the command, 
I would hang every God damned one of 
you." 

Benjamin Sweerer. 
For the Prosecution. — May 25. 

I am Color-sergeant of the Ninth Mary- 
land Regiment. I was captured on the LSth 
of October, 1863, and was held prisoner at 
Belle Island for over five months, and seven 
days at Scott's Building. There were about 
thirteen thousand prisoners, about half of 
whom were provided with shelter; the rest 
were just on the naked sands of the island. 
I lay there two months without ever putting 
my head under shelter, although it was in 
tiie winter time. The treatment of the pris- 
oners was brutal, and we had not half enough 
to live on. There were twenty-five pounds 
of meat, the biggest part of which was bone, 
served out for a hundred men, and corn-bread 
with the husks ground up in it. Not having 
fuel enough to warm us, and not provisions 
enough to live on, I saw the men freezing to 
death on the island. I saw them starving to 
death ; a)id, after they were dead, I saw them 
lying, for eight or nine days, outside of the 
intrenchments, where we were kept, and the 
hogs eating them. We were refused permis- 
sion to bury them. I asked myself, as a 
favor, to be allowed to bury our prisoners, 
and was refused permission." I spoke to 
Lieutenant Bossieux, who had charge of the 
island, about the treatment of our men ; and 
he told me he had nothing to do with it; that 
it was in accordaiKie with the orders he had 
received from Major Turner, the keeper of 
the rebel prison. The deaths of the pris- 
oners were caused mostly by starvation. I 
helped to carry out from ten to fifteen and 
twenty a day. 

A great many of the prisoners, to my 
knowledge, volunteered to work at shoe-mnk- 
iuir and building a furnace on the island, in 
onier to support themselves. 

When I came home I weighed one hundred 
and twenty-three pounds; my ordinary weight 
in fiealth is one hundred and seventy or one 
hundred and eighty. I do not think I could 
have lasted a month longer there; I wae 
pretty nearly gone when I left. 



60 



THE CONSPIRACY TRIAL. 



William Ball. 
For the Prosecution. — May 25. 

I enlisted in the service of the United 
Stated in April, 1S62, and was captured by 
the cnemv on the 7lh of May, 1S64. I was 
a prisoner of war at Andcrsonville, Georgia, 
eleven niontiis and twenty-tliree days. At 
the time I wa.s there, there were about thirty- 
two thousand prisoners. TJie treatment of 
the prisoners was poor indeed; they were 
turned into a swamp, with no shelter what- 
ever, and were stripped of all their clothing, 
blankets, hats, caps, shoes, money, and what- 
ever they had. Where we were confined 
there was no shelter and no trees, although 
there were plenty of pine woods about there. 
The encampment was nothing but an open 
swamp, with a hill on each side. 

Every morning, about nine or ten o'clock, 
they would bring a wagon on the ground, with 
corn-meal and some bacon. Of the corn-n)eal. 
which was ground up, cobs and all,and was full 
of stones and one thing and another, they gave 
each man half a pint, and two ounces of ba- 
con, which was all alive, rancid, and rotten, 
and a half spoonful of salt. This was to 
last us twenty-four hours. Once in a while 
we would get hold of a good piece of bacon, 
but that was not often. The provisions served 
out to us were of such a character that no 
man would eat them unless he was in a 
starving condition ; and from the amount and 
character of the food served out, it would not 
be possible to sustain human life for any 
length of time. 

The effect of tliis treatment upon the health 
of the prisoners was very bad ; it killed them 
off rapidly. The deaths averaged from sixty 
to a hundred aday ; and one day one hundred 
and thirty-three died. These deaths were 
caused principally by starvation. There was 
some remonstrance addressed to the rebel 
authorities by the prisoners in regard to their 
treatment; but they said they did the best 
they could -for them, and they did not care a 
damn whether the Yankees died or not. 

I remember Howell Cobb visiting Andcr- 
sonville some time in February. lie is the 
man who was formerly the Secretary of the 
Treasury. He made some very bitter re- 
marks, in a speech to the rebels, in reference 
to our prisoners As to our treatment, he 
said that was the best that could be done for 
us; but if tiic authurities liked to do belter 
they probably could, but they did not seem to 
care much about it. I remember he maile 
some reference in his speech to a plan on 
hand to burn and plunder Northern cities 

The heat in the open sun was very intense, 
and the water was very poor indeed. You 
could get water by digging down half a foot. 
There was a place a little way above yito 
which they, threw all the dirt and garbage 
that came from Andersonville, and the water 
we were obliged to drink ran through all this 
6Ilh. Whether this was designed or not, 1 



do not know, but they did not seem to care. 
A committee from the prisoners was sent to 
Captain Wirz. who was in command of the 
interior of the prison, in respect to this, and 
he said he did not care a damn whether the 
water ran through the garbage or not, or 
whether we got any or none. 

When we first went there, there were on an 
average as many as si.x or eight of the pri.son- 
ers shot every day. If a man would stick 
his nose half a foot over the line, he would 
be shot. It was said the reliel soldiers were 
rewarded with thirty days' t'urlough for shoot- 
ing a Yankee; and I never heard of tlieir 
wantonness in shooting our soldiers being re- 
buked by the rebel authorities. 

The treatment of the prisoners in the hos- 
pital was very poor. All they would give 
them was pitch-pine pills; pitch-pine pills for 
diarrhea, and pitch-pine pills for the scurvy, 
tlie head-ache, or anytliing else. These pills 
were made out of the pitch that runs out of the 
trees there, and a little vinegar. They got no 
medicine. Medicines, it was said, were sent 
there by the Confederate Government, but 
they were sold by the doctor in charge for 
greenbacks. 

The money that was taken from the prison- 
ers was never returned to them — not a cent of 
it. When I was captured, they took my shoes 
off, and I walked bare-foot on the pike from 
near Waterford to Gordonsville, and then they 
took my money and clothes. I had nothing 
but a pair of drawers and shirt for nine 
months in Andersonville. I lay there for 
this whole nine months in the open field 
without a bit of shelter; and there were thou- 
sands in the same fi.x The men would ditt 
there in the morning, and by night nobody 
could go witiiin fifty feet of them. They had 
to be put into the wagons with long wooden 
pitch-forks, when they were carried off and 
put into the trenches. 

Colonel Gibbs was in command of the post, 
and Captain Wirz was in command of the 
interior of the prison. Clothing that wai 
sent to Andersonville by our Government, 
consisting of blankets, pants, socks, and other 
things, Wirz took himself, and put into his 
own house, and sold. 

Up to March li4th, when I left Anderson- 
ville, 10,725 of the prisoners had died; that 
was the number 1 took from the books myself, 
anil there were at that time about 1,5UU not 
able to be moved. It was the rations they got 
that brought on their sickness, and when they 
got sick they could not cat the stutf served 
out, and, of course, they starved. As to 
medical treatment, there was nothing at all 
of any benefit 

Charlks Swkeney. 

For the Prosecution. — May 26. 

My present home is in the State of New 
York. I was a private in the United Statea 
service, and was captured by the rebels twice. 



STARVATION OF UNION PRISONERS. 



61 



Tlie first time I was taken prisoner, I was con- 
fined two months and ten days at Libby; the 
second time I was a prisoner fifteen months, 
of wliich I spent two months in Belle Isle hos- 
pital, near Richmond; about six months at 
Andersonville, in Georgia; and the rest of the 
time at Savannah. 

At Belle Isle I liad less than half a pound 
of bread a day, and once in a while got a lit- 
tle rice soup. For about six weeks I do not 
believe I had a piece of meat as big as ray two 
fingers. When I went to the hospital, the 
bread was a little better, but there was very 
little meat. They pretty nearly starved me. 
For about four or five months after I got to 
Andersonville they gave me a pretty good 
ration of the kind it was. 1 had all I wanted 
to eat of corn-meal, but the bacon was pretty 
strong. After August they began to cut 
down our ration, and our allowance 'was very 
short. 

Old Captain Wirz told the guard that they 
must shoot every Yankee caught with his 
hand or his head over the dead-line; and 
that for every man shot the guard would 
get a furlough of thirty days; so they 
used to kill our men as though they were 
brutes. 

I had a brother at Andersonville, who was 
very sick and dying. For about eight days, 
to my knowledge, he had nothing to eat. He 
could not eat their corn-meal, and what they 
gave him, for it was not fit for a dog to eat. 
I had a little money that I used to gather 
about the camp, and I bought a few biscuits 
for him, but I could not get enough to feed 
him on long, and he lay in his tent and 
starved. I went to the doctor and told him 
my brother was dying, and asked him to see 
him; but he said, "No, I can not do it." 
Before he died, my brother said, "Keep good 
courage; stick to your Government; never 
take an oath to that Government." I told 
him I would, and I have done it. 

I made my escape; but after I got over 
the stockade, they caught me, took me back, 
and gagged me for six hours. It was very 
cold, and when I got up I could hardly walk, 
and I was sick in the hospital; but in the 
month of June I was able to be up, and I 
thought I would try again to make my es- 
cape and get to Sloneman, who was making 
a raid, I heard. I got out of the hospital, 
and traveled that night in the swamps and 
mud, clear up to my neck, and made four 
miles. The pickets, however, caught me, 
and took me back to Captain Winder. He 
told them to put me in the stockade, with a 
ball and chain ; and at Wirz's head-quarters 
I was put in the stockade all day in the hot 
sun, with my arms stretched out. The sun 
affected me so much that the next day I was 
sick, and for six days I could neither eat nor 
drink any thing. It is God only who has let 
me live this long. 

General Cobb came there on the 4th day 



of March. He preached up to the guard the 
way the war was going on. The guards 
around there were only old men and boys 
that never knew anything. He said to them, 
" You see this big graveyard ; all those in the 
stockade wnll be in the graveyard before long." 
He expected we were all going to be starved 
to death, if we were held long enough. He 
said they would all perish before they would 
come back to the Union again. He also said 
they would hang Old Abe if they caught 
him, as he supposed Old Abe would hang 
him if he caught him. 

James Young. 
For the Prosecution. — May 26. 

I was a prisoner of war nine months and 
two days. I was confined in Andersonville, 
Ga., and Charleston and Florence, S. C. At 
Andersonville the greater portion of the 
rations were cooked, but in a very inferior 
way — corn-bread and mush, boiled rice and 
boiled bacon. The ration of bread for the 
day was about four inches long, three wide, 
and two thick ; with that we got about two or 
three ounces of boiled pork. The effect of 
this stinted diet upon the health of the men 
was very injurious; they were wasting and 
dying all the time. The number of deaths 
for August, I understood, was three thousand 
and forty-four. We were exposed to the sun, 
without any shelter, though there was wood- 
land all around us. The stockade, where we 
were was chopped out of it but we were all 
exposed. The heat during the day was ex- 
treme, but the nights were cool. 

The water was very poor; it was infected 
by the garbage and filth through which it 
ran. 

At Florence I heard some hard threats 
made against the "Yanks," as they called 
us. Our cavalry were raiding, destroying 
their country, they said, and they would 
starve us, they said, in retaliation. We re- 
ceived worse treatment at Florence than at 
Andersonville, and got less rations. The 
amount of food was not sufficient to sustain 
life for any long period of time. Men that 
were destitute of any little means of their 
own, or had no watches or trinkets that they 
could sell, kept running down till they died. 
I had some money, and I bought some extra 
provisions, and kept my health tolerably 
good. 

At Charleston I was imprisoned about three 
weeks. We were treated very well there, 
with the exception of the shooting of our 
men inside the inclosure by the guards; that 
occurred often, and seemed to be encouraged 
by the officers. I never knew of a man being 
rebuked or punished for such shooting. At 
Andersonville the general report in camp was 
that the rebel authorities offered their men a 
thirty days' furlough for every " Yank" they 
would shoot inside of the stockade. 



G2 



THE CONSPrHACT TRIAL. 



LlEUTEXANT J. L. RlPPLE. 

For the Prosecution. — June 10. 

I entered the United States service, in the 
Tliirty-Ninth Illinois, as a private, on the 
28th of October, 18G1. I was a prisoner of 
war for six months at Andersonville, Ga. The 
character of the food furnished to the pris- 
oners was poor, and the quantity very small. 
We got only half a pint of corn-meal daily, 
and from two to four ounces of meat. The 
result was the prisoners died in large num- 
bers, occasioned, without doubt, in many 
cases, by starvation and the horrible treat- 
ment they received. 

I heard rebel officers approve of the kind 
of treatment we received; they said it was 
good enough for us. I remember Captain 
Wirz saying, on the 1st of July, "It is good 
enough lor you; I wish you'd all die." The 
location of the camp at Andersonville, and 
the arrangements to which the prisoners weje 
subjected, seemed to show that the Confed- 
erate authorities intended the infliction of all 
possible suffering, short of putting the men 
to death. At Millen it was somewhat better. 

A pack of blood-hounds was kept at An- 
dersonville, and I heard some of the men 
who went after them say that some of the 
prisoners who had escaped were pursued and 
torn by the blood-hounds. 

While at Andersonville I knew Quarter- 
master Hume. I heard him say, previous to 
the election, that if Mr. Lincoln were re- 
elected, he would not live lo he inaugurated. 
lie said that a party North would attend to 
him, and to Mr. Seward also. I also heard a 
lieutenant, who was in charge of the guard, 
eay something to the same effect. 



MINING OF LIBBY PRISON. 

Lieutenant Reuben Bartley. 
For the Prosecution. — Ma\/ 22. 

I liave been in the United States service 
since 1862, and since August the 3d have been 
in the signal corps. I was confined in Libby 
Prison from the 3d of March to the 16th of 
July, 1864, and at other prisons until the 10th 
of December, 1864. 

On being taken to Libby, we were informed, 
■when taken into the hall, that the place had 
been mined. The next morning we were taken 
into a dungeon in the cellar part of the build- 
ing. In going to the door of the dungeon, 
we had to go round a place where there was 
fresh dirt in the center of the cellar. The 
guard would allow no person to pass over it 
or near it. On inquiring wiiy, we were told 
that that was the place where the torpedo 
had been placed. It remained there while 
we were in the dungeon, and for some time 
after we were taken up stairs. 

I learned also from the officers who accom- 



panied and had charge of us that the torpedc 
was buried there. It was always spoken ofJj 
as the torpedo. The place that had been du£ 
out was about six feet in diameter. Thel 
ground was a little raised, as if the dirt had 
been dug out and put back again. It was 
directly under the center of the prison. Rebel 
officers and others told us that the prison had 
been mined on account of Colonel Dahl- 
gren's raid, and that if we succeeded in get- 
ting into the city, they would blow up the 
prisoners rather than liberate them. 

Erastus W. Ross. 
For the Prosecution. — May 25. 

I was in the service of the rebel Govern- 
ment; I was conscripted and detailed as a 
clerk at the Libby Prison, and never served 
in the army. 

In March, 1864, General Kilpatrick waa 
making a raid in the direction of Richmond. 
About that time the prison was mined. I 
saw the place where I was told the powder 
was buried under the prison; it was in the 
middle of the building. The powder waa put 
there secretly in the night; 1 never saw it, 
but I saw the fuse; it was kept in the office 
safe. I was away at my uncle's the night 
the powder was placed there, and was told of 
it the next morning by one 'of the colored 
men at the prison. There were two sentinels 
near the place to prevent any person's 
approaching it. The excavation made waa 
about the size of a barrel-head, and the earth 
was thrown up loosely over it. Major Tur- 
ner, the commandant of the prison, had 
charge of the fuse. He told me that the 
powder was there, and that the fuse was to 
set it oft"; that it was put there for the secu- 
rity of the prisoners, and if the army got in, 
it was to be set oft" for the purpose of blowing 
up the prison and the prisoners. 

The powder was secretly taken out in 
May, and the whole building was then shut 
up. The prisoners had all been sent to 
Macon, Georgia. 

I suppose the powder was placed there bj 
the authority of General Winder, or the 
Secretary of War. Major Turner said he 
was acting under the authority of the rebel 
War Department, though I never saw any 
written orders about it. 

John Latouche. 
For the Prosecution. — May 25. 
1 was First Lieutenant in Company B, 
Twenty-fifth Vii:ginia Battalion, C. S. A. I 
was detailed to post duty in Richmond, to 
regulate the details of the guards of the 
military prisons there, and in March, 1864, 
I was on duty at Libby Prison. Major 
Turner, the keeper of the pri.son, told me he 
was going to see General Winder about the 
guard. On his return he told me that General 
Winder himself had been to see the Secretary 



THE BEN. WOOD DRAFT. 



63 



of War, and that they were going to put 
powder under the prison. In the evening of 
the same day, the powder was bronglit. 
There were two kegs, of about twentv-tive 
poundvS each, and a box which contained, I 
suppof^e, about as much as the two kegs. A 
hole was' dug in the center of the middle 
basement, and the powder was put down 
there. Tlie box, when put in, just came 
level with the ground, and the place was 
covered over with gravel. I did not see an}' 
fuse to it then. I placed a sentry over this 
powder, so that no accident might occur; 
and tlie next day Major Turner, who had 
charge of the fuse, showed it to us in his 
office; he showed it to everybody there. It 
was a long fuse, made of gutta-percha; such 
a one as I had never seen before. 

In May, I think it was, Major Turner 
went South, and all the prisoners were sent 
out of the Libby building proper to 'the 
South; and General Winder sent a note 
down to the office, with directions to take up 
the powder as privately or as secretly as 
possible; I forget the exact word. The note 
was delivered into my hands for the in- 
spector of the prison, to whom I either gave 
or sent it. I afterward heard Major Turner 
Bay that, in the event of the raiders coming 
into Richmond, he would have blown up the 
place. I understood him to say that those 
were his orders. 



THE BEN. WOOD DRAFT. 

Daniel S. Eastwood. 

For the Prosecution. — June 16. 

I am assistant manager of the Montreal 
branch of the Ontario Bank, Canada. I 
was officially acquainted with Jacob Thomp- 
BOn, formerly of Mississippi, who has for 
some time been sojourning in Canada, and 
have knowledge of his account with our 
bank, a copy of which was presented to this 
Commission by Mr. Campbell, our assistant 
teller. 

The moneys to Mr. Thompson's credit 
accrued from the negotiation of bills of 
exchange, drawn by the Secretary of the 
Treasury of the so-called Confederate States, 
on Frazier, Trenholm &, Co., of Liverpool. 
They were understood to be the financial 
agents of the Confederate States at Liverpool, 
and the face of the bills, I believe, bore that 
inscription. Among the dispositions made 
from that fund, by Jacob Thompson, was 
$25,000, paid in accordance with the follow- 
ing requisition: 
4329. Montreal, Aug. 10th, 1861. 

Wanted from the Ontario Daok, 3 days sight, 

On N. York, 

Favor BeDJamin Wood, Esq., 
$2S,«)0 

For current funds. 



Deliv. 60 p. c. 
Ex. 15,0W. 



10,000 



A.M. 



[The requisition, having been read, was put in evidence.] 
The "$10,000" underneath the $25,000, 
is the purchase money in gold of $25,000 
worth of United States funds. 

At Mr Thompson's request, the name of 
Benjamin Wood was erased, (the pen just 
being struck through it,) and my name, aa 
an officer of the bank, written immediately 
beneath it, that the draft might be negotiable 
without putting any other name to it, 

I have in my hand, it having been ob- 
tained from the cashier of the City Bank in 
New York, the original draft for the $25,000, 
for which that requisition was made by Mr. 
Thomp.son, in the name of Benjamin Wood. 
It reads : 

S2.5,000. THE ONTARIO BANK. No. 4,329. 

Montreal, 10th August, l.SRl. 
At three days' siRht, please pay to the order of D. S. 
Eastwood, in current funds, twenty-five thousand dollars, 
value peceivcd, and charge the same to account of thii 
blanch. 



U. S. Inter. Rev. I To the Cashier, H.Y. Stanus, 
2 cts. \ City Bank, Manager 

Bank Check. 1 New York. 



INDORSED : 

Pay to the Hon. Benj. Wood, Esq., 
or Order. 

D. S. Eastwood, 
B. Wood. 

[The draft, having been read, was put in evidence.] 
I found this draft in the hands of the 
payee of the City Bank, in New York, and 
I understand from the cashier it has been 
paid. 

Mr. Thompson was frequently in the 
habit of drawing moneys in the name of an 
officer of the bank, so as to conceal the 
person for whom it was really intended. A 
good deal of Thompson's exchange was 
drawn in that way, so that there is no indi- 
cation, except from the bank or the locality 
on which the bill was drawn, to show where 
use was to be made of the funds. Large 
amounts were drawn for, at his instance, on 
the banks of New York, but we were not 
acquainted with the use they were put to. 

The Benjamin Wood, to whom the draft 
was made payable, is, I believe, the member 
of Congress, and the owner of the New York 
News. 

[Jacob Thompson's bank account, already in evidence, 
was handed to the witness.] 

This is a copy of Jacob Thompson's 
banking account with us, as testified to by 
Robert Anson Campbell. I see in the ac- 
count, entries of funds that were used for 
the purpose of exchange on New York and 
also on London. The item, $180,000, on the 
6th of April, 1865, was issued in deposit 
receipts, which may be used anywhere. 

John Wilkes Booth purchased a bill of 
exchange at our bank, about the beginning 
of October, and made a deposit at the same 
time, which remains undrawn to this day.. 
I do not know of his liaving been in our 
bank but once. John H. Surratt's name I 
never heard mentioned. 



THE CONSPIRACY TRIAL. 



Cross-examined hy Mr. Aiken. 

I do not remember any drafts cashed at 
our bank in favor of James Watson Wallace, 
Richard Montgomery, or James B. Merritt. 
I have no recollection of the names. 

Georgh: Wilkes. 

For the. Prosecution. — June 16. 

I am acquainted with Benjamin Wood of 
New York, and am familiar with his hand- 
writing. 

[The $25,000 draft was here handed to the witness.] 

The signature at the back of that bill of 
exchange I should take to be his. At the 
date of this bill Benjamin Wood was a mem- 
ber of Congress of the United States. He 
was editor and proprietor of the New York 
News; so he told me himself The paper, 



I have heard, has been recently managed 
by John Mitchell, late editor or assi.atant 
editor of the Richmond Examiner and the 
Ricliraond Enquirer. 

Abram D. Russkl. 

For the Prosecution. — June 16. 

I am City Judge for the City of New York, 
judge of the highest criminal court in the 
State. I am acquainted with Benjamin 
Wood of the City of New York, and also 
with his handwriting. 

[The bill of exchange was here banded to the witness.] 

The indorsement on this bill of exchange 
is in the handwriting of Benjamin Wood. I 
have no doubt it is his. He was at that time 
member of Congress of the United States and 
editor and proprietor of the New York News. 



D E F E ISr S E 



TESTIMONY TO IMPEACH H. 
STEINACKER, MAY 30. 



VON 



[Edward Johnson was called as a witness for the de- 
fense on the part of Mary E. Surratt. On appearing on 
the stand. General Howe said:] 

Mr. President: It is well known to me, 
and to very many of the officers of the army, 
that Edward Johnson, the person who is now 
introduced as a witi)K8es, was educated at the 
National Military Academy at the Govern- 
ment expense, and that, since that time, for 
years he held a commission in the army of the 
United States. It is well known in the army 
that it is a condition precedent to receiving 
a commission, that the officer shall take the 
oath of allegiance and fidelity to the Gov- 
ernment. In 1861 it became my duty as 
an officer to fire upon a rebel party, of 
which this man was a member, and that 
party fired upon, struck down, and killed 
loyal men that were in the service of the 
Government Since that time, it is notori- 
ous to all the officers of the army that the 
man who is introduced here as a witness, 
has openly borne arms against the United 
States, except when he has been a prisoner 
in the hands of the Government. He is 
brought here now as a witness to testify be- 
fore this Commiission, and lie comes with 
his hands red with the blood of his loyal 
countrymen, shed by him or by his assist- 
ance, in violation of his solemn oath as a 
man, and his faith as an officer. I submit 
to this Commis.sion that he stands in the eye 
of tlic law as an incompetent witness, because 
he is notoriously infamouB. To offer as a 



witness a man of this character, who has 
openly violated the obligation of his oath, 
and his faith as an officer, and to adminis- 
ter the oath to him and present his testimony, 
is but an insult to the Commission, and an 
outrage upon the administration of justice. 
I move, therefore, that this man, Edward 
Johnson, be ejected from the Court as an 
incompetent witness on account of hi<3 no- 
torious infamy, on the grounds I have 
stated. 

General Ekin. I rise, sir, to second the 
motion, and I am glad the question is now 
presented to the Commi.ssion. 1 regard the 
gentleman clearly incompetent as a witness. 
That one who has been educated, nourished, 
and protected by the Government, and, in 
direct violation of his oath, has taken up 
arms against the Government, should present 
himself as a witness before this Commi.ssion, 
I regard as the hight of impertinence, and 
I trust, therefore, that the motion will be 
adopted without a moment's hesitation. 

Mr. Aiken. I was not aware that the fact 
of a person's having borne arms against the 
United States disqualified him from becon)- 
iiig a witness in a court of justice; and, there- 
fore, it can not be charged upon me, that I 
designed any insult to the Commission in in- 
troducing General Johnson as a witnc-ss 
here. It will be recollected that Mr. Jett, 
who has also borne aims against the Gov- 
ernment, was introduced here as an impor- 
tant witness by the prosecution; and he, ac- 
cording to his own statement, had never 
taken the oath of allegiance, and his testi- 
mony, at that time, was not ojected to. 



TESTIMONY TO IMPEACH H. VON STEINACKER. 



65 



General Kautz. This is not a volunteer 
witness, is he ? 

Mr. Aiken. No, sir. 

The Judge Advocate. If it please the 
Court, the rule of law on this point is, that 
before a witness can be renderd so infamous 
as to become absolutely incompetent to tes- 
tify, he must have been convicted by a judi- 
cial proceeding, and the record of his convic- 
tion must be presented as a basis of his 
rejection. All evidences of his guilt that 
fall short of that conviction affect only his 
credibility. This Court can discredit him 
just as far as they please upon that ground; 
but I do not think the rule of law, as now 
understood, would authorize the Court to de- 
clare him an incompetent witness, and inca- 
pable of testifying, however unworthy of 
credit he may be. 

General Wallace. For the sake of the 
character of this investigation, for the sake 
of public justice — not for the sake of the 
person introduced as a witness, but for the 
persons who are at the bar on trial — I ask 
the General who makes the motion to with- 
draw it. 

General Howe. On the statement of the 
Judge Advocate General, that this witness is 
technically and legally a competent witness, 
I withdraw the objection. 

Examined by Mr. Aiken. 

[The witness, being duly sworn by the Judge Advocate, 
testified as follows :] 

I am, at present, a United States prisoner 
of war, confined at Fort Warren, Boston 
Harbor. 1 was captured at Nashville about 
the 15th of December last. Since February, 
1863, I have been a Major-General in the 
Confederate States army. 

I am acquainted with the man who went 
by the name of Henry Von Steinacker. He 
was a private on engineer duty; but was not 
an officer either of the engineers, the staff, or 
of the line. He belonged to the Second Vir- 
ginia Infantry, of the Stonewall Brigade, 
which was one of the brigades of my divi- 
sion. In the month of May, 1863, a man 
accosted me in Richmond, on the Capitol 
Square, by my rank and name, and with the 
rank I had borne in the United States army, 
as Major Johnson; he told me he had served 
under me as a private, and applied to me 
for a position in the engineer corps. He 
told me that he was a Prussian by birth, 
and an engineer by education. It was not 
in my power to give him a position, and he 
left me that evening. He afterward made 
a second application to me for a position. 
I was then ordered off to my division at 
Fredericksburg, and in about a week after 
my arrival there this man appeared in my 
camp again, and made application for a po- 
sition in the engineer corps, or on my staff. 
I told him I could not give him a position 



in either; but if he would enlist himself as 
a private, and if he was what he represented 
himself, an engineer and draftsman, I would 
put him on duty, as a private, under an en- 
gineer officer of my staff. Under these con- 
ditions he enlisted. I attached him to head- 
quarters, and assigned him to special duty 
under an engineer officer. Captain Oscar 
Hendricks, with whom he acted as drafts- 
man and assistant from that time until he 
left. 

Q. Was he the subject of a court-martial 
at anv time in your camp; and, if so, for 
what? 

Judge Advocate Bingham. I object to the 
question. The record of such a court-mar- 
tial would be the only competent evidence of 
conviction, and if the record were here, it 
would not impart any verity. I do not think 
there were any courts in Virginia in those 
days that could legally try a dog. 

Mr. Aiken. Under the circumstances, pa- 
rol testimony of the fact is the best that can 
be offered, and therefore I presume it will 
not be seriously objected to. 

[ The Commission sustained the objection. ] 

Soon after the battle of Gettysburg, our 
encampment was near Orange Court-House, 
Orange County, Virginia. 1 know nothing 
of, and never heard of, any secret meeting 
of the officers of the Stonewall Brigade, at 
the camp of the Second Virginia Regiment. 
I never knew of any plans discussed for the 
assassination of the President of the United 
States, and I never heard his assassination 
alluded to by any officer of my division as 
an object to be desired ; nor did I ever hear, 
while in the South, of a secret association 
called the Knights of the Golden Circle, or 
Sons of Liberty, nor have I ever known of 
any one belonging to them, or reputed to 
belong to them. 

I never saw John Wilkes Booth, and never 
heard of him till after the assassination of 
the President. 

I do not know that H. Von Steinacker 
was a member of General Blenker's staff, 
though he told me he was; but he also told 
me that he was a deserter from the United 
States service, or that he attempted to desert 
and had been apprehended. 

Cross-examined by Assistant J uuge Advocate 
Bingham. 

I graduated at West Point Military Acad- 
emy in 1838, and was in the United States 
service till the breaking out of the rebellion. 
My rank at that time was that of Captain 
and Brevet Major of the Sixth Infantry, 
United States army. I tendered my resig- 
nation in May, I think, and received notice 
of its acceptance in June, 1861. I then went 
to my home in Virginia, and in a few weeks 
I entered the Confederate States service, in 
which I have since remained. 



66 



THE CONSPIRACY TRIAL. 



OscAB Heinricus. 



For the accused, Mary F. Surratt. — May 30. 
Examined by Mr. Aiken. 

I served as engineer officer on the staff of 
General Edward Johnson, and on the staff 
of otlier general officers of the Confederate 
States army. 

I am acquainted with Henry Von Stein- 
acker ; he was detailed to ine as draftsman 
shortly after General Johnson took command 
of my divison, and I employed him as such. 
He had neither the rank nor the pay of an 
engineer officer. 

1 am not acquainted with J. Wilkes Booth, 
the actor. I never saw a person calling him- 
self by that name in our camp; nor did any 
secret meeting of officers ever, to my knowl- 
edge, take place in that camp, where plans 
for the assassination of President Lincoln 
were discussed. 

H. K. DocGLAS. 

For the accused, Mary E. Surratt. — May 30. 

Examined by Mr. Aiken. 

I have held several commissions in the 
Confederate States service; my last was that 
of Major and Assistant Adjutant-General. 
During the last campaign I served on the 
."^tatfof six general offiers — Generals Edward 
Johnson, Early, Gordon, Pegram, Walker, 
and Ramsey. 

I know a man named Von Steinacker; he 
was in the Second Virginia Infantry, the 
Stonewall Brigade. At the battle of Gettys- 
burg I was wounded and taken prisoner, and 
remained prisoner for nine months. I did 
not see Steinacker in camp after I returned 
to duty, but 1 got a letter from him. 

I do not know of any secret meeting being 
held in our camp for the discussion of plans 
for the assassination of the President of the 
United States. 

I wish to say of the oflBcers of that brigade, 
that their integrity as men, and their gal- 
lantry as soldiers, would forbid them from 
being implicated in any such plot as the as- 
sassination of Mr. Lincoln ; and in their be- 
. half I desire to say, that I do not believe they 
knew any thing about it, or in the least de- 
gree sympathized with so unrighteous an 
acts 

Steinacker acknowledged to me, on several 
occasions, that he was a deserter from the 
Northern army. I have never heard of the 
existence of any secret treasonable societies, 
organized for the assassination of the Presi- 
dent of the United States. I never was a 
member of the Knights of the Golden Circle 
or Sons of Liberty, nor do I know of any of 
the General's »taff being connected with that 
organization. I never heard it declared in 
Richmond that President Lincoln ought to 
be assassinated. 



Mr. EwixG. I move that the cipher letter 
introduced in evidence, June 5tli, and its 
translation, be rejected as testimony, and that 
it be so entered upon the record. My reason 
is a twofold one. In the tirst place, I really 
believe the letter to be fictitious, and to bear 
upon its face the evidence that it is so. In 
the second place, it is testimony that is wholly 
inadmissible under the plainest rules of evi- j 
dence. It is not signed ; the iiandwriting wasl 
not proved; it was in cipher; it was not shown ■ 
at all that it was traced to anybody proved 
or charged to be connected with this con- 
spiracy, or that it was in the possession of 
anybody shown or charged to be connected 
with this conspiracy. The rule in regard to 
declarations in cases of conspiracy is, that 
they n>ay be admitted when they are declara- 
tions of one of the conspirators. This is not 
shown to be the declaration of one of the con- 
spirators ; and when the declarations are those 
of a conspirator, they must accompany some 
act of the conspiracy, being not merely a 
declaration of what had been done, or was 
going to be done, but some declaration con- 
nected with an act done in furtherance of the 
common design. The rule is very succinctly 
stated in Benet on Military Law and Courts 
Martial, page 289: 

"In like manner, consultations in further- 
ance of a conspiracy are receivable in evi- 
dence, as also letters, or drafts of answers to 
letters, and other papers found in the pos- 
session of CO conspirators, and which the jury 
may not unreasonably conclude were written 
in prosecution of a common purpose, to which 
the prisoner was a party. For the same 
reason, declarations or writings explanatory 
of the nature of a common object, in which 
the prisoner is engaged, together with others, 
are receivable in evidence, provided tliey 
accompany acts done in the prosecution of 
such an object, arising naturally out of these 
acts, and not being in the nature of a subse- 
quent statement or confession of them. But 
where words or writings are not acts in them- 
selves, nor part of the res gcsim, but a mere re- 
lation or narrative of some part of the trans- 
action, or as to the share which other persons 
have had in the execution of a common de- 
sign, the evidence is not within the principle 
above mentioned; it altogether depends on 
the credit of the narrator, who is not before 
the court, and therefore it can not be received." 

In this case, it is a declaration not only of 
some person who is not shown to be connected 
with the conspiracy, but it is a declaration of 
some person whose existence nobody knows 
any thing of — a nameless man. The letter is 
as completely unconnected with the subject of 
investigation as the loosest newspaper para- 
graph that could be picked up anywhere. 

Assistant Judge Advocate Bingham. If the 
Court please, there is a great deal in wjiat the 
gentleman says that exactly states the law of 
conspiracy; but there is one thing I beg him 
to notice, that while that limitation which he 



DISCUSSION ON THE MOTION TO KEJECT CIPHER LETTER. 



67 



ha8 named obtains in regard to third persons, 
there are two principles of the law touching 
conspiracy which are just about as old as the 
crime itself, and as old as the common law, 
which itself is the growth of centuries — 
namely, that every declaration made, whether 
it is in the formation of a conspiracy, in the 
prosecution of a conspiracy, before it is shown 
to have been organized, or after it is shown 
to be completed, is always evidence against 
the party himself 

Tliere is an allegation in the charge and 
specification that this conspiracy was entered 
into with the parties named, and with others 
unknown, which is also a mode of proceed- 
ing known to the administration of justice 
wherever the common law obtains. There is 
a rule in connection with this that can not be 
challenged, and that is that the declarat'ons 
of parties who are neither indicted nor on 
trial, are admissible in the trial of those who 
are indicted and upon trial touching the con- 
spiracy. In the first place, you find it proved, 
beyond any question of doubt, that Booth, 
during the month of October, 1864, was in 
Canada, plotting this assassination with the 
declared agents of this revolt. You find that 
about the 14th of November, 1864, after he 
had so plotted this assassination with those 
who had weighed him out the price of blood, 
he is on his way to Washington City for the 
purpose of hiring his assistants; he is in the 
City of New York; he is in conversation with 
one of his co-conspirators, and, in my judg- 
ment, with one of them who is now v/ithin 
the hearing of my voice. 

In that conversation they disclosed the fact 
that they are conspirators, as detailed by the 
witness who was present, Mrs. Hudspeth. 
Upon one of them the lot has fallen to go to 
Washington, to carry out the conspiracy, to 
hire the assassins— to go to Washington to 
strike the murderous blow in aid of this re- 
bellion ; and what of the other? The other 
has been ordered, according to the testimony, 
to go to Newbern, North Carolina — Newbern, 
which became the doomed city afterward 
among these conspirators for tlie importa- 
tion of pestilence. After the introduction of 
proof of this sort against these unknown 
conspirators, who are numbered by fifties 
and hundreds, as Booth himself testified 
when he was trying to hire with his money 
a man who could not be hired to do murder, 
Mr. Chester — after such facts as these are 
proved, in the very vicinity of Newbern this 
infernal thing is found floating as a waif on 
the waters, bearing witness against these 
villains. Although you can not prove the 
writer of it, I say it is admissible in evidence. 
It is alleged that there are conspirators here 
unknown. There are facts here to prove 
that one of them was to go to Newbern. 
The letter is found in the vicinity of New- 
bern, in North Carolina, at the dock in 
Moreliead City. The foundation has been 
laid for the introduction of it 



Allow me to say one other word in this 
connection. There are, I know, some rules 
of law that draw very harshly on conspira- 
tors that are engaged in crime. It may seem 
very hard that a man is to be aflected in the 
remotest degree by a letter written by an- 
other who is not upon his trial, or a letter 
that has never been delivered, which could 
only speak from the time of its delivery; 
and yet the gentleman knows very well that 
upon principle it has been settled that a let- 
ter written and never delivered is admissible 
upon the trial of conspirators. 

Mr. EwiNG. Written by a co-conspirator. 

Assistant Judge Advocate Bingham. Of 
course. But the fact that it was written by 
a co-conspirator is patent on its face, and 
gathered from the other facts in proof in the 
case. The point about it is that he is an 
unknown conspirator. Suppose it had been 
found in possession of Booth, addressed to 
him through the post-office, instead of being 
sent by hand, as the cipher letter shows they 
must do, because the detectives are on their 
track; suppose it had been found in the pos- 
session of Booth, will any man say that it 
would not be admissible in evidence against 
him and everybody else who conspired with 
him in this infernal plot? What difference 
does it make that it had not reached him, or 
the other hired assassin, that was on the 
track of Sherman, to creep into his tent and 
murder him, as they crept into the tent of 
the Commander-in-chief of your army and 
murdered him. I say it is evidence. 

Mr. Cox. If the Court will allow me, I de- 
sire to submit a word in support of the mo- 
tion made by General Ewing. When it was 
announced that a cipher letter was about fo 
be offered in evidence, the counsel for the de- 
fense took it for granted that it belonged to 
that general class of evidence relating to the 
machinations of the rebel agents in Canada, 
which had been generally admitted here 
without objection. The counsel for the de- 
fense have had no objection to the exposure 
of those machinations; their only concern 
has been to show that their clients were not 
involved in them. The whole of the evidence 
of this description of a secret character here- 
tofore has been evidence relating to the con- 
trivances and machinations of the rebel 
agents in Canada, either on their own re- 
sponsibility, or in connection with the author- 
ities in Richmond. Therefore, no objection 
was made to the introduction of that evi- 
dence ; nor was it perceived, until the letter 
was read before the Court, that it purported 
to come from somebody in immediate cor»- 
nection with the act of assassination it.self 
Therefore the counsel were taken by surprise, 
and allowed the letter to be read to the Court 
without objection, without even inspecting it, 
as they had a right to do, if they desired to 
submit objections to its introduction as evi- 
dence. 

The rule etated by the learned Judge Ad- 



68 



THE CONSPIRACY TRIAL. 



vocate is undoubtedly true, in general, that 
the declarations of conspiratort* are admissi- 
ble in evidence against their co-conspirators; 
but that is subject to this limitation, that tlie 
conspiracy must first be established between 
the author of the declaration, whether oral 
or written, and the party accused. That con- 
epiracy being first proved hy evidence aliuride, 
by other proof than the declaration itself, 
then the declaration may be offered in evi- 
dence to show the scope and design of the 
conspiracy; and if it had been established 
that this letter emanated from somebody be- 
tween whom and any one of the accused the 
conspiracy had been established, unquestion- 
ably it would have been evidence against the 
accused, supposing it to be made in the pros- 
ecution of the conspiracy. But there has not 
been a ])article of proof produced to the 
Court showing that the letter did emanate 
either from Booth, or any one of his as.soci- 
ates. The logic of my learned friend on the 
other side seems to be this: It is sufficiently 
established, at least by prima facie evidence 
before the Court, that Booth was engaged in 
a conspiracy with some unknown persons; 
this letter comes from an unknown person; 
ergo, it is a letter from somebody connected 
with Booth in tiiis conspiracy. 

Assistant Judge Advocate Bingham. Not 
all the logic. 

Mr. Cox. But, as far as it goes, it seems to 
be the logic of the other side. He says the 
charge is that these accused were engaged in 
a conspiracy with somebody unknown; this 
letter comes from somebody unknown; there- 
fore it is admissible in evidence. That is 
about the substance of it. I submit to the 
Court that this is chop-logic. The rule of 
law is that the author of a declaration must 
first be shown, and when a letter is produced 
here, and read in evidence, it must be first 
shown whose the handwriting is; that it is 
really the production of somebody whose 
declarations, oral or written, are evidence 
against the accused; and until that is proved 
the letter is clearly inadmissible. 

If the Court will look at the face of the 
letter, although that is a matter for argu- 
ment, in case it is fairly before the Court as 
evidence, I think the Court will perceive 
that it does bear on its very face the marks 
of fabrication. The letter is picked out of 
the water at Morehead City, no more blurred, 
I think, than any paper on this table. It 
looks as if it had been written and dropped 
in the water immediately before it was found, 
for the very purpose of being picked up 
by the Government agents, to be used as 
evidence. It declares that, "Pet" (who, I 
suppose, is intended to mean Booth) "has 
done his work well." "We had a large 
meeting last night" (the Friday night when 
these conspirators were flying from the city 
for their live.s.) " I was in Baltimore yester- 
day." That was Friday. "Pet had not got 
there." Of course he had not got there when 



tlie work of conspiracy was to be done that 
very night, Friday; yet this letter assumes 
that he had done the work before, and was 
to get there "yesterday," Friday, in Balti- 
more. Every thing about it is suspicious. 
That, however, is a matter of argument to 
the Court, as a question of evidence, when 
it is before the Court as evidence. In support 
of the motion of my learned friend, 1 submit 
that the letter was read and admitted in 
evidence by surprise; it is not legitimate evi- 
dence, and therefore should be so entered 
upon the record. 

Assistant Judge Advocate Binohaji. I 
have only to say that the motion of the 
learned counsel will come more fitly when he 
makes his final argument. It is competent 
for him to say then to the Court, " You are 
not entitled to consider this evidence ;" but I 
object to commencing the argument of the 
case in the middle of the trial, and asking the 
Court to decide a part of the case at one time, 
and another part of it at another. Tliat is a 
new system of practice. 

In regard to the remarks of my learned 
friend who has just spoken, his tongue cer- 
tainly tripped, and he forgot himself, when he 
said that, in cases of conspiracy, written 
evidence could not be admitted without prov- 
ing the handwriting. I asked liim, and 
challenged him, to produce a single authority 
that showed any such limitation, where a 
paper was found relating to the conspiracy, 
no matter who wrote it. Will the gentleman 
say here that because we did not prove who 
wrote the cipher that was found in Booth's 
possession, which accords exactly with the 
cipher found in Davis s or Benjamin's posses- 
sion at Eichmond, it is not evidence? It is 
no matter who wrote it; he had it, and let 
him account for his possession of it, and let 
him account for the uses he was making of 
it. This letter was found on the premises 
under the control and occupied by the enemy, 
who were engaged in this conspiracy. The 
gentleman said that "Pet" is referred to in 
the letter. He is, and it is proved that " Pet" 
is the name by which Booth was known 
among his co-conspirators in Canada; it is so 
proved by Coiiovcr. How would Conover 
know any thing about the contents of t,hi8 
letter? Who has proved that he was in 
North Carolina at the time of the flight? 

The letter is <lated Washington, April loth, 
which is the day after the murder, and the 
day of the death of the President of the 
United States. It does not follow, by any 
means, that it was written in Washington ; 
but that is what is on its face. Now, let us 
see whether there is any thing of this sup- 
posed contradiction on the face of it. 

"I &u\ happy to inform you that Pet has 
done his work well. lie is safe, and Old 
Abe is in hell." 

Is there any contradiction here in dates, 
or time, or fact? Did not Abraham Lincoln 
die on the morning of the 15th of April, and 



DISCUSSION ON THE MOTION TO REJECT CIPHER LETTER. 



69 



is not that in proof? The conclusions of 
this miserable monster, of course, are not 
Btatements of facts; but, monster as he is, he 
knows enough to state the fact, which he 
does state, that " Pet has done his work 
well," after their method of weH-doing, and 
that his victim, Abraham Lincoln, is dead. 
That is the fact that he states; there is no 
contradiction there. " Now, sir, all eyes are 
on you." Who? "You." " You must bring 
Sherman. Grant is in the hands of Old Gray 
ere this." Who in America knew that, ex- 
cept a man in this conspiracy, on the 15th of 
April ? 

Mr. Cox We do not know that it was 
written on that day. 

Assistant Judge Advocate Bingham. We 
are taking things as we find them. " Red 
Shoes showed lack of nerve in Seward's 
case, but fell back in good order." Who 
knew in what sort of order he fell back, ex- 
cept a co-conspirator? We know who Eed 
Shoes was. He did fall back. 

Mr. Cox. When was the letter found? 
Assistant Judge Advocate Bixgham. On 
the second day of May. 

Mr. Cox. Three weeks after. 
Assistant Judge Advocate Bingham. Yes; 
but the gentleman assumes in his criticism 
that it bears date the day it purports to 
have been written. "Johnson must come. 
Old Crook has him in charge." Who knew 
on the loth of April who had him in charge? 
"Mind well that brother's oath." Wlio 
knew then about the oath ? It is all abund- 
antly proved here, however. "And you will 
have no difficulty. All will be safe, and en- 
joy the fruit of our labors." That is, the 
price. "We had a large meeting last night. 
All were bent on carrying out the programme 
to the letter." The gentleman says there is 
a contradiction. Wherefore? "The rails 
are laid for safe exit. Old , always be- 
hind — missed the pop at City Point. I say 
again, the lives of our brave officers, and 
the life of the South, depend on carrying 
this programme into effect" Which was the 
original design. "Number 2 will give you 
this. When you write sign no real name. 
I was in Baltimore yesterday. Pet had not 
got there yet." The gentleman says there 
is a contradiction. Wherefore? Was not 
"yesterday" until midnight at least of the 
I4th of April? "I was in Baltimore yester- 
day." Assuming that he was in Washing- 
ton on the 15th, he was in Baltimore the day 



before the day of the murder. "Pet had 
not got there yet" Where? At midnight 
yesterday, under cover of the same darkness 
which he sought when he inflicted the mor- 
tal wound upon Abraham Lincoln. If he 
had got the benefit of the trains, everybody 
knew he vsrould have been there "yesterda}'." 
Where is the contradiction ? 

I submit to the Court that this is no time 
to decide the efl^ect of this letter upon the 
case or upon the Court. 

Mr. Cox. The argument of the learned 
counsel for the Government is, that the 
handwriting of a letter need not be proved 
when it is found in the custody of parties 
implicated in the conspiracy. That I may 
admit, but that assumes the whole question. 
The letter was not found in the custody of 
any person. It was found floating upon the 
water, and yion constat that the letter may 
not have been written the very day when it 
was found, and a few minutes before it was 
found; and written by somebody who had 
possessed himself of sufficient knowledge of 
the facts charged against the conspirators 
to enable him to fabricate a letter specious 
on its face, and appearing to have some bear- 
ing on the conspiracy itself 

Assistant Judge Advocate Bingham. Par- 
don me for saying to the gentleman, that 
while his statement is correctly made as re- 
gards what I said, I did also say, in that 
connection, that we must lay a foundation, 
and show that it had been in the custody 
of'one of the conspirators. I think we have 
done it by showing that "Pet" was the 
name of one of the party; by showing that 
the object of the conspiracy, as narrated in 
the letter, was the object agreed upon; by 
showing that that was not a matter of 
notoriety, nor a matter known to anybody 
except the conspirators themselves on the 
day of its date; and by showing that all the 
evidence in this case, so far as this letter 
can be understood to-day, corroborates the 
fact which I assert, that the writer of the 
letter, on the 15th day of April, was a party 
to this conspiracy — a fact clearly enough 
shown, I think, to hang him if he were 
found with that paper in his pocket, though 
no man knew his name, and no man ever 
testified about the writer, unless he could 
explain how he came by it. 

The Commission overruled the motion of 
Mr. Ewing. 



TESTIMONY 

RELATING TO JOHN WILKES BOOTH, AND CIRCUM- 
STANCES ATTENDING THE ASSASSINATION. 



Robert R. Jones. 

For the Prosecution. — May 13. 

I am a clerk at the Kirkwood House in 
this city. The leaf exhibited to the Com- 
mission is from the register of the Kirkwood 
House. It contains the name of G. A. Atze- 
rodt, Charles County. 

[The leaf from the hotel register was offered in evidence.] 

It appears from the register that Atzerodt 
took room No. 126 on the morning of the 
14th of April last, I think before 8 o'clock 
in the morning. I was not present when 
his name was registered, and did not see 
him until between 12 and 1 in the day. 1 
recognize Atzerodt among the accused. That 
is the man, I think. 

[The witness here pointed to the accused, G. A. Atze- 
rodt.] 

I went to the room occupied by Atzerodt 
after it had been opened by Mr. Lee, on the 
night of the 15th of April, and 1 saw all the 
articles that were found there. I can not 
identify the knife, though it was similar to 
the one just shown me. It was between the 
sheet and the mattress. The bed had not 
been occupied on the night of the 14th, nor 
had the chambermaid been able to get into 
the room the next day. A young man spoke 
to Atzerodt when 1 saw him standing at the 
office counter. I do not know his name. 
Atzerodt before that asked me if any one 
had inquired for him within a short time. 
From the book it appears that Atzerodt paid 
one day in advance. I had never seen him 
in the hotel before. 

During that day I gave a card of J. 
Wilkes Booth to Colonel Browning, Mr. 
Johnson's secretary. It was put in his box. 
I am not positive that I received it from J. 
Wilkes Booth, although I may have done so. 

Cross-examination ly Mr. Dosteb. 

I do not think I could identify the par- 
ticular pistol found in Atzerodt's room. It 
(70) 



was quite a large one, such as cavalry offi- 
cers wear, and was loaded and capped. 

William A. Browning. 

For the Prosecution. — May 16. 

I am the private secretary of President 
Johnson. Between 4 and 5 o'clock in the 
afternoon of the 14th of April last, I left the 
Vice-President's room in tlie Capitol, and 
went to the Kirkwood House, where we 
both boarded. On going to the office of the 
hotel, as was my custom, I noticed a card in 
my box, which was adjoining that of Mr. 
Johnson's, and Mr. Jones, the clerk, handed 
it to me. It was a very common mistake in 
the office to put cards intended lor me into 
the Vice-President's box, and his would find 
their way into mine; the boxes being to- 
gether. 

[A card was here handed to the witness.] 

I recognize this as the card found in my 
box. Tlie following is written upon it in 
pencil : 

Do n't wish to disturb you ; are vou at 
home? J. WILKES BOOTH. 

[The card was offered in evidence.] 

I had known J. Wilkes Booth when he 
was playing in Nashville, Tenn. ; I met him 
there several times; that was the only ac- 
quaintance I had with him. 

When the card was liandcd to me, I re- 
marked to the clerk, "It is from Booth; is 
he playing here?" I thought perhaps he 
might have called upon me, having known 
me; but when his name was connected with 
the assassination, I looked upon it differ- 
ently. 

Cross-examined by Mr. Doster. 

The Vice-President was, I believe, at the 
Capitol the greater part of the forenoon of 
that day. He was at dinner at the Kirk- 
wood at 5 o'clock, and I do not think he 
was out afterward. He was in his room for 



THE ASSASSINATION. 



71 



tlie balance of the evening. I was there, I 
think, up to 6 or 7 o'clock, when I left, and 
(lid not return until about 11 or 12 o'clock, 
after the assassination. 

Charles Dawson. 

For the Prosecution. — Mai/ 26. 

I am acquainted with the handwriting of 
J. Wilkes Booth, and the signature on the 
card shown to me is undoubtedly that of 
John Wilkes Booth. 

Thomas L. Gardinek. 

For (he Prosecution. — May 26. 

I saw at the Government stables in this 
city, Seventeenth and I Streets, a dark-bay 
one-eyed horse on the 8th of this month. It 
is the same horse that was sold some time 
in the latter part of November, by my 
uncle, George Gardiner, to a man named 
Booth. Booth came to my uncle's with 
Dr. Samuel A. Mudd, and Booth selected 
this one out of three horses my uncle had 
for sale. Jn accordance with this request, I 
delivered it to him the next morning at 
Bryantown. Booth and Dr. Mudd came on 
horseback, and after the purchase they left 
together. Booth made the agreement, and 
Dr. Mudd took no part or interest in the 
purchase that I saw. 

Cross-examined hy Mr. Stone. 

My uncle's house is but a short distance 
from Dr. Mudd's, not over a quarter of a 
mile. Booth said he wanted a horse to run 
in a light buggy to travel over the lower 
counties of Maryland, that he might look at 
the lands, as he desired to buy some. My 
uncle told him he had but one horse that 
he could recommend as a buggy-horse, and 
that he could not spare, as he wanted it for 
his own use. He then offered to sell him a 
young mare, but Booth said a mare would 
not suit him. My uncle then said that he 
had an old saddle-horse that he would sell 
him if it would suit him. Booth examined 
the hor.se, and said he thought it would 
suit, as he only wanted it for one year. He 
bought the horse, and paid for him. 

I think I have heard of Booth being in 
the neighborhood of Bryantown some time 
before that, but I never heard of his being 
at Dr. Mudd's house. Our farms were ad- 
joining, and I very often saw Dr. Mudd ; 
sometimes two or three times a week. 

Brooke Stabler. 

For the Prosecution. — May 15. 

I am manager at Howard's livery stable, 
on G Street. I was acquainted with J. 
Wilkes Booth, John H. Surratt, and George 
A. Atzerodt. They were frequently at the 
stable together; they almost always came 



together, and were sometimes there three or 
four times a day. Mr. Surratt kept two 
horses at the stable, and Atzerodt rode out 
occasionally with Surratt. 

I have in my hand a note from Mr. Sur- 
ratt, which reads: 

Mr. Howard will please let the bearer, Mr. 
Atzerodt, have my horse whenever he wishes 
to ride, also my leggings and gloves, and 
oblige. Yours, etc., 

[Signed] J. H. SURRATT. 

Feb. 22, 1865. 

This note was sent to the stable by Mrs. 
Surratt, and I put it on file. Atzerodt sev- 
eral times rode horses from that order. It 
was afterward rescinded. 

In the early part of April, Atzerodt told 
me that John H. Surratt had been to Rich- 
mond, and that in coming back he got into 
difficulty; that the detectives were after him ; 
but he thought he would soon be relieved 
from the difficulty. 

On the Slst of March, Atzerodt took away 
from the stable a horse blind of one eye, a 
fine racking horse, and another smaller bay 
horse, under an order from John H. Surratt. 
Surratt claimed the horses, but Booth paid 
for their keep. Atzerodt afterward brought 
these horses back to the stable to sell them 
to Mr. Howard, but failing to sell them, he 
took them away. The horse now at the 
Government stable, corner Seventeenth and 
I Streets, is the same one-eyed bay horse that 
Atzerodt took away on the Slst of March, 
and brought back for sale some days after- 
ward. 

William E. Cleaver. 
For the Prosecution. — May 22. 

I keep a livery stable on Sixth Street, in 
this city. In January last, J. Wilkes Booth 
kept a one-eyed bay horse at my stable, part 
of the time, for about a month. On the 30th 
of January he sold the horse to the prisoner, 
Samuel Arnold, so Booth told me, and Ar- 
nold paid me eight dollars for the eight days 
that the horse remained there after the sale. 

John H. Surratt used to hire horses from 
me in January last, to go down into the 
country to parties. He was generally with 
Mr. Booth, but after three or four visits down 
the country. Booth left word that Mr. Sur- 
ratt was to have his horse any time he came 
for it. 

I have seen Atzerodt at our stable once: 
he was there with horses for sale. I have 
seen the one-eyed horse now at the Govern- 
ment stables on Seventeenth and I Streets, 
and it is the same that Arnold bought of 
Booth. 

Cross-examined h/ Mr. Ewing. 

I have only seen Arnold twice ; on the 8th 
of February when he paid me, and once 
since. 



72 



THE CONSPIRACY TRIAL. 



James W. Pctmphry. 

For the Prosecution. — May 15. 

I reside in Washington City, and keep a 
livery stable. I was acquainted witli J. 
Wilkes Booth. He came to my stable about 
12 o'clock of the 14th of April last, and en- 
gaged a saddle-horse, which he said he 
wanted about 4 or half-past 4 that day. lie 
had been in the habit of riding a sorrel 
horse, and he came to get it, but that horse 
was engaged, and he had in its place a small 
hay mare, about fourteen or fourteen and a 
half hands high. She was a bay, with black 
legs, black mane and tail, and a white star 
in the forehead. I think the oft' front foot 
had white spots. 1 have never seen the mare 
since. lie asked me to give him a tie-rein 
to hitch the horse. I told him not to hitch 
her, as she was in the habit of breaking the 
bridle. He told me he wanted to tie her 
while he stopped at a restaurant and got a 
drink. I said, "Get a boy at the restaurant 
to hold her." He replied that he could not 
get a boy. "0," said I, "you can find plenty 
of bootblacks about the streets to hold your 
horse." He then said, " I am going to Gro- 
ver's Theater to write a letter; there is no 
necessity of tying her there, for there is a 
stable in the back part of the alley ; I will 
put her there." He then asked where was 
the best place to take a ride to; I told him, 
"You have been some time around here, and 
you ought to know." He asked, "How is 
Crystal Spring?" "A very good place," I 
Said, "but it is rather early for it." "Well," 
said he, " I will go there after I get through 
writing a letter at Grover's Theater." He 
then rode off, and J have never seen Booth 
since. 

About six week^ before the assassination. 
Booth called at my stable, in company with 
John H. Surratt. He said he wanted a good 
eaddle-horse. I said, "Before you get him 
you will have to give me reference; you are 
a stranger to me." He replied, " If you 
do n't know me you have heard of me; I am 
John Wilkes Booth." Mr. Surratt spoke up 
and said, "This is John Wilkes Booth, Mr. 
Pumpliry; he and I are going to take a 
ride, and I will see that you are paid for the 
horse." 1 let him have the liorse, and I was 
paid. 

Cross-examined by Mr. Aiken. 

Mr. Surratt never came to my place with 
Booth after the first time. I do not know 
any of the prisoners at the bar. 

Peter Tai-tavul. 

For the Pfoseeution. — May 15. 

I was acquainted with John Wilkes 
Booth. I kept the restaurant adjoining 
Ford's Theater, on the lower side. Bootli 
came into my restaurant on the evening of 
the 14th of April, I judge a little after 10 



o'clock, walked up to the bar, and calledl 
lor some whisky, which I gave him; lie' 
then called for some water, which I also 
gave him ; he placed the money on the 
counter and went out. I saw hin) go out 
of the bar alone, as near as I can judge, 
from eight to ten minutes before I heard the 
cry that the President wa.s assassinated. 

I am acquainted with the prisoner, Her- 
old ; have known him since he was a boy. 
I saw him on the night of the nmrder, or 
the night previous to that; he came into my 
place and asked me if Mr. Booth liad been 
there that afternoon. I told him I had not 
been there myself in the afternoon, when he 
asked, "Was he not here this evening?" I 
said, "No, sir;" and he went out. 

Cross-examined by Mr. Stone. 

I can not positively swear as to whether 
that was Thursday or Friday evening. I 
think Herold came alone to the bar. I did 
not see anybody come in there with him. 
As near as I can recollect, the time was be- 
tween 6 and 7 o'clock. 

Sergeant Joseph M. Dye. 

For the Prosecution. — May 15. 

On the evening of the 14th of April last, 
I was sitting in front of Ford s Theater, about 
half past 9 o'clock. I observed several per- 
sons, whose appearance excited my suspicion, 
conferring together upon the pavement. The 
first who appeared was an elegantly-dressed 
gentleman, who came out of the passage, 
and commenced conversing with a ruffianly- 
looking fellow; then another appeared, and 
the three conversed together. It was then 
drawing near the second act. The one that 
appeared to be the leader, the well-dressed 
one, said, "I think he will come out now," 
referring to the President, I supposed. The 
President's carriage was standing in front of 
the theater. One of the three had been 
standing out, looking at the carriage, on the 
curbstone, while I was sitting there, and 
then went back. They watched awhile, and 
the rush came down ; many gentlemen came 
out and went in and had a drink in the sa- 
loon below. After the people went up, the 
best-dressed gentleman stepped into the sa- 
loon himself; remained there long enough 
to get a drink, and came out in a style as 
if he was becoming intoxicated. He stepped 
up and whispered to this ruffian, (that is, 
the miserablest-looking one of the three), 
and went into the passage that leads to the 
stage from the street. Then the smallest 
one stepped up, looked at the clock in the 
vestibule, called the time, just as the best- 
dressed gentleman appeared again. Then 
he started up the street, remained there 
awhile, and came down again, and called 
the time again. I then began to think there 
was something going on, and looked toward 



THE ASSASSINATION. 



73 



this man as he called the time. Presently 
he went up again, and then came down and 
called the time louder. I think it was ten 
minutes after 10 that he called out the last 
time. He was announcing the time to the 
other two, and then started on a fast walk 
up the street, and the best dressed one went 
inside the theater. 

I was invited by Sergeant Cooper to have 
some oysters; and we had barely time to 
get seated in the saloon and order the oys- 
ters, when a man came rushing in and said 
the President was shot. 

[A photograph of J. Wilkes Booth was handed to the 
witness.] 

That was the well-dressed man; but his 
moustache was heavier and his hair longer 
than in the photograph, but these are his 
features exactly. 

The ruffianly man I saw was a stout 
man, with a rough face, and had a bloated 
appearance; his dress had been worn a con- 
eiderable time. The prisoner, Edward Span- 
gler, has the appearance of the rough-looking 
man, except that he had a moustache. 

The one that called the time was a very 
neat gentleman, well dressed, and he had a 
moustache. I do not see him among the 
prisoners. He was better dressed than any 
I see here. He had on one of the fashion- 
able hats they wear here in Washington, 
with round top and stiff brim. He was not 
a very large man, about five feet, six inches 
high ; his coat was a kind of drab color, and 
his hat was black. 

Cross-examined by Mr. Ewing. 

During the half hour or more that I sat 
in the front of the ^theater, the man in 
slouched clothes was there; he stood on the 
pavement at the end of the passage. His 
moustache was black, and he had on a 
slouched hat, one that had been worn some 
time. I did not pay particular attention so 
as to observe the color of his dress. Booth 
entered the theater the last time at the front 
door; he whispered to the man, and left 
him, and went into the theater by the front 
door. I did not see the man in the slouched 
dress change his position, because I was 
observing Booth. The other man went >ip 
the street on a fast walk. I suppose it was 
about fifteen minutes after Booth entered 
the theater, that we heard the news of the 
assassination, while we were in the saloon. 

John E. Buckingham. 
For the Prosecution. — May 15. 

I am night door-keeper at Ford's Theater. 
In the daytime I am employed at the Wash- 
ington Navy Yard. 

I know John Wilkes Booth by sight. 
About 10 o'clock on the evening of the 14th 
he came to the theater, walked in and went 
out again, and returned in about two or 
three minutes. He came to me and asked 



what time it was. I told him to step into 
the lobby and he could see. He stepped out 
and walked in again, entering by the door 
that leads to the parquette and dres.s-circle; 
came out again, and then went up the stair- 
way to the dress-circle. The last I saw of 
him was wiien he alighted on the stage from 
the box, and ran across the stage with a 
knife in his hand. He was uttering some 
sentence, but I could not understand it, being 
so far from him. 

Cross-examined by Mr. Ewing. 

I know the accused, Edward Spangler. I 
am perfectly satisfied that he was not in 
front of the theater during tlie play on the 
night of the 14th of April; had he come 
out, I must have seen him. I have never 
known Spangler wear a moustache. 

John F. Sleichmann. 
For the Prosecution. — May 15. 

I am assistant property man at Ford's 
Theater, and have to set the furniture, etc., on 
the stage. I was at the theater on the night 
of the assassination of the President. About 
9 o'clock that night I saw John Wilkes 
Booth. He came up on a horse, and entered 
by the little back door to the theater. Ned 
Spangler was standing by one of the wings, 
and Booth said to him, " Ned, you '11 help me 
all you can, won't you?" and Ned said, "0 
yes." Those were the first words that I heard. 

I just got a glimpse of Booth after the 
President was shot, as I was going out at the 
the first entrance on the right-hand side near 
the prompter's place. I saw Booth on the 
afternoon of the 14th, between 4 and 5 
o'clock, in the restaurant next door. I went in 
to look for James Maddox, and I saw Booth, 
Ned Spangler, Jim Maddox, "Peanuts," and 
a young gentleman by the name of John 
Mouldey, I think, drinking there. 

Cross-examined by Mr. Ewing. 

Booth spoke to Spangler right by the back- 
door. I saw his horse through the open 
door, but as it was dark I could not see if any 
one was holding it. ^ 

I was on the stage that night, except when 
I had to go down to the apothecary's store to 
get a few articles to use in the piece, and when 
1 went into the restaurant next door. Span- 
gler's business on the stage is shoving the 
scenes. I went to the front of the theater 
by the side entrance, on the left-hand side. 
When I was in front, I noticed the Presi- 
dent's carriage there, but did not see Spangler; 
had he been there, I guess I should have seen 
him. I have never seen Spangler wear a 
moustache. I was in front of the theater two 
or three times, but was on the stage during 
the third act. I think it was ten or fifteen 
minutes before the close of the second act 
that I was in the restaurant next door. 

About ten minutes, I suppose, after the 



74 



THE OONSrillACY TRIAL. 



anpassination, Spangler was standinj: on the 
stage by one of the wings, with a white liand- 
kerchief in his hand. He was very pale, and 
was wiping his eyes. I do not know whether 
he was crying or not. 

Booth was very familiar with the actors 
and employees of the theater, and was back- 
ward and forward in the theater frequently. 
He had access to the theater at all times, and 
came behind the scenes, and in the green-room, 
and any whereabout the theater, just as though 
he was in the employment of Mr. Ford. 

When Booth spoke to Spangler, they were 
about eiglit feet from me, but Bootli and 
Spangler were not more than two or three feet 
apart. After Booth had spoken, he went 
behind the scenes. I do not know whether 
Booth saw me, but he could have seen me 
from where he wa.<< standing; no one else was 
by at the time that I noticed. Spangler is, I 
think, a drinking man; whether he was in 
liquor that night I do not know. 

Joseph Burroughs, a/jos " Peanuts." 
For the Prosecution. — May 16. 

I carry bills for Ford's Theater during 
the daytime, and stand at tlie stage-door at 
night. I knew John Wilkes Booth, and used 
to attend to his horse, and see that it was 
fed and cleaned. His stable was immediately 
back of the theater. On the afternoon of 
the 14th of April, he brought his horse to 
the stable, between 5 and 6 o'clock. lie 
hallooed out for Spangler; when he came, 
Booth asked him for a halter. He had none, 
and sent Jake up stairs after one. Jim Mud 
dox was down there too. Between 9 and 
10 o'clock tliat night, 1 heard DeLoney call- 
ing to Ned that Booth wanted him out in the 
alley. 1 did not see Booth come up the 
alley on his horse, but 1 saw the horse at the 
door when Spangler called me out there to 
hold it. When Spangler told me to hold the 
horse. I said 1 could not; I had to go in to 
attend to my door. He told me to hold it, 
and if there was any thing wrong to lay the 
blame on him; so 1 held the horse. I held 
him as I was sitting over against the house 
there, on a carpenter's bench. 

I heard the report of the pistol. I was still 
out by the bench, but had got off" when Booth 
came out. He told me to give hinj his horse. 
He struck me with the butt of a knife, and 
knocked me down. He did this as he was 
mounting his liorse, with one foot in the 
stirrup: he also kicked me, and rode otF im- 
mediately. 

1 was in the President's box that afternoon 
wlien Harry Ford was putting the flags 
around it. Harry Ford told me to go up with 
Spangler and take out the partition of the 
box; that the President and General Grant 
were coming there. While Spangler was at 
work removing it he said, "Damn the Presi- 
dent and General Grant." I said to him, 
" What are you damning the man for — a man 



that has never done any harm to you ? " He 

said he ought to be cursed when he got so 

many men killed. 

1 only saw one horse in the stable when I 

was there between 5 and 6 o'clock, and I 

was not there afterward. There was another 

horse there some days before. Booth brought 

a horse and buggy there; it was a little horse; 

I do not remember the color. The fellow that 

brought the horse there lived at the Navv 

Yard. 1 tliink he used to go with Booth 

very often. I do not see him among the 

prisoners. 

(Probiibly ITerold, though the witness failed to recognize 
hiui among the prisoners and the guards. j 

I saw Booth as he came out of the small 
door. 1 did not see anybody else. I did not 
see Spangler come in or go out while I was 
sitting at the door. 

Cross-examined by Mr. Ewin'G. 

It was about six or eight minutes after 
Deboney called Spangler that Spangler called 
me. I was sitting at the first entrance on the 
left, attending to the stage-door. I was there 
to keep strangers out, and prevent those coming 
in who did not belong there. 

When 1 was not there, Spangler used to 
hitch up Booth's liorse, and hold him or feed 
him. Between 5 and 6 that evening, Span- 
gler wanted to take the .saddle ofl" Booth's 
horse, but Booth would not let him; then he 
wanted to take the bridle oti', but Booth 
would not agree to it; .so Spangler just put a 
halter round tiie horse's neck, but he took 
the saddle off afterward. 

I was out in front of the theater that night 
while the curtain was down ; 1 go out between 
every act. When the curtain is up, I go in- 
side. 1 did not see Booth in front of the the- 
ater that night, nor Spangler. I never saw 
Spangler wear a moustache. 

Booth was about the theater a great deal; 
he sometimes entered on Tenth Street, and 
sometimes from tlie back. The stable where 
Booth kept his horses is about two hundred 
yards f'roni the back entrance to the theater. 
When 1 went to hold the horse for Booth 
that night, 1 think they were playing the first 
scene of the third act. 

Spangler always worked on the leil-liand 
side of the stage; that is the side the Presi- 
dent's box was on, and it was on that side I 
attended the door. When 1 was away, Span- 
gler u.sed to attend the door for me ; that was 
the door that went into the alley from Tenth 
Street. A nmn by the name of Simmons 
worked with Spangler on that side of the 
stage, and on the other side, Skeggy, Jake, 
and another man worked. While the play 
was going on, these men were always about 
there. It was their business to shove the 
scenes on. They usually staid on their own 
side of the stage, but when a scene .-stood the 
whole of the act, they might go round on the 
other si le; .sometimes they would go out, but 
not very often. 



THE ASSASSINATION. 



7$ 



Recalled for the Prosecution. — May 22. 

The stable in the rear of the theater was 
fitted up for Booth in January, by Spangler 
and a man by the name of George. It was 
raised up a little higher for the buggy, and 
two stalls put in it. Booth occupied that 
stable until the assassination. P^irst he had 
a saddle-horse, which he sold ; then he got 
a horse and buggy. The buggy he sold on 
Wednesday before the assassination. Ned 
Spangler, the prisoner, sold it for him. 

Cross-examined by Mr. Ewing. 

I do not know to whom Spangler sold it. 
Booth and Gittbrd told Spangler on the 
Monday, to take it to the bazar on Mary- 
land Avenue; but he could not get what he 
wanted for it there, and sold it afterward to 
a man that kept a livery stable. 

Mary Ann Turner (colored.) 
For the Prosecution. — May 16. 

I reside in the rear of Ford's Theater; 
my front-door fronts to the back of the 
theater. I knew John Wilkes Booth when 
I saw him. I saw him on tlie afternoon of 
the 14th, standing in the back-door of Ford's 
Theater, with a lady by his side. Between 
7 and 8 o'clock that night, he brought a horse 
up to the back door of the theater, and, 
opening it, called "Ned" three times. 

Ned came to him, and I heard him say, 
in a low voice, "Tell Maddox to come here." 
When Maddox came, Booth said something 
in a very low voice to him, and I saw Maddox 
reach out his hand and take the horse. 
Where Ned went I can not tell. Booth 
then went into the theater. After the assas- 
sination, I heard the horse going very rapidly 
out of the alley. I ran immediately to my 
door and opened it, but he was gone. The 
crowd then came out, and this man, Ned, 
came out of the theater. 

[The witness here identified the accused, Edward 
Spangler.] 

When I saw him, I said, "Mr. Ned, you 
know that man Booth called you." Said he, 
" 1 know nothing about it." 

Mary Jane Anderson (colored.) 
For the Prosecution. — May 16. 

I Tive right back of Ford's Theater, ad- 
Joining Mrs. Turner's house. 1 knew John 
Wilkes Booth by sight. I saw him on the 
morning of the 14th of April down by the 
stable, and again between 2 and 8 o'clock in 
the afternoon, standing in the theater back- 
door, in the alley, talking to a lady. I stood 
in my gate and looked right wishful at him. 

lie and this lady were pointing up and 
down the alley, as if they were talking about 
it They stood there a considerable time, 
and then Booth went into the theater. 

After I had gone up stairs that night, a 
carriage drove up, and after that I heard a 



horse step down the alley. I looked out of the 
window, and it seemed as if the gentleman 
was leading the horse down the alley. He did 
not go further than the end of it, and in a few 
minutes he came back up to the theater door, 
holding his horse by the bridle, lie pushed 
the door open, and said something in a low 
voice, and then in a loud voice he called 
"Ned" four times. There was a colored 
man up at the window, who said, " Mr. Ned, 
Mr. Booth wants you." This is the way I 
came to know it was Mr. Booth, for it was 
dark and I could not see his face. When 
Ned came, Mr. Booth said, in a low voice, 
"Tell Maddox to come here." 

Then Ned went back and Maddox came 
out, and they said something to each other. 
Maddox then took oft' the horse from before 
my door, round to where the work bench 
was, that stood at the right side of the house. 
They both then went into the theater. The 
horse stood out there a considerable time, 
and kept up a great stamping. After awhile, 
the person who held the horse kept walking 
backward and forward ; I suppose the horse 
was there an hour and a half altogether. 
Then I saw Booth come out of the door 
with something in his hand, glittering. He 
came out of the theater so quick that it 
seemed as if he but touched the horse, 
and it was gone like a flash of lightning. I 
thought to myself that the horse must surely 
have run off" with the gentleman. Presently 
there was a rush out of the door, and I heard 
the people saying. "Which way did he go?" 
I asked a gentleman what was the matter, 
and he said tlie President was shot. I asked 
who shot him. Said he, " The man who went 
out on the horse." 

I went up to the theater door, and saw 
Mr. Spangler. When he came out, I said 
to him, "Mr. Spangler, that gentleman called 
you." Said he, "No, he didn't." Said I, 
"Yes, he did." He said, "No, he didn't 
call me." He denied it, and I kept on say- 
ing so. 

Cross-examined by Mr. Ewing. 

When Mr. Maddox took the horse round 
out of my sight, I could not see who held 
him. lie came back after a little while, and 
went into the theater again. Mr. Spangler 
came out when Booth called him, and told 
him to tell Maddox to come out, but I am 
not certain that Spangler came out again. 

James L. Maddox. 
For the Prosecution. — May 22. 

I was employed at Ford's Theater as 
property man. In December last, I rented 
from Mrs. Davis, for John Wilkes Bootii, the 
stable where he kept his horse up to the 
time of the murder of President Lincoln. 
Mr. Booth gave me the rent money monthly, 
and I paid it to Mrs. Davis. 

1 saw Harry Ford decorating the Presi- 



76 



TUE CONSPIRACY TRIAL. 



dent's box on the afternoon of the 14th of 
April, but do not renieniber seeing any one 
else in the box. I was in there but once. 

I saw Joe Sinims, the colored man, coming 
from Mr. Fords room, through the alley 
way, carrying on his head the rocking-chair 
that the President was to use in the evening. 
I had not seen that chair in the box this 
season ; the last time I saw it before that 
afternoon was in the winter of 1863, when 
it was used by the President on his first visit 
to the theater. 

Cross-examined by Mr. Ewing. 

My duties require me to be on the stage 
wliile the performance is going on, unles.s, as 
sometimes happened, there is notiiing at all 
to do, when 1 go out. My business is to see 
that the furniture is put on the stage aright, 
and to get the actors any side properties that 
may be required for use in the play. 

The passage way by which Booth escaped 
is usually clear. Only when we are playing 
a l)eavy piece, and when in a hurry, do we 
run things in there. The "American Cousin," 
which was performed on that night, is not a 
heavy piece, and the passage would therefore 
be clear of obstruction. 

Spangler's position on the stage was on 
the left-hand side, facing the audience, and 
the same side that the President's box was 
on. I saw Spangler during nearly every 
scene. If he had not been at his place, I 
should certainly have missed him. If he 
had missed running off a single scene, I 
should have known it Sometimes a scene 
lasts twenty nunutcs, but in the third act 
of the "American Cousin" there are seven 
scenes, the way Miss Keene plays it, and had 
Spangler been absent five minutes after the 
first scene of this act we should have noticed 
it In the second act, I guess, he has a half 
hour, and in the first scene of the third act 
he has twenty-five minutes, and after this the 
scenes are pretty quick. 

I was at the front of the theater during the 
second act, but did not see Spangler there. 
I have never seen Spangler wear a moustaclie 
during the two years that I have known him. 

1 was in the first entrance to the stage, the 
side the President's box is on, at the moment 
of the a.ssassination. Three or four minutes 
before that, while the second scene of the 
third act was on, I crossed the stage with the 
will, and saw Spangler in his place. After 
the pistol was fired, I caught a glimpse of 
Booth, when he was about two feet off the 
stage. I ran on the stage and heard a call 
for water; I ran and brought a pitcher full, 
and gave it to one of the officers. I did not 
nee Spangler after that, that I remember, 
until the next morning. 1 may have seen 
him, but not to notice him. 

I heard about 12 o'clock that the Presi- 
dent was coming to the theater that night; I 
was told so by Mr. Harry Ford. I heard a 
young man, one of the ofllcers connected with 



the President's house, say that night that he 
had come down that morning and engaged 
the box for the President 

James P. Fergusox. 
For the Prosecution. — May 15. 

I keep a restaurant, adjoining Ford's 
Theater, on the upper side. I saw J. Wilkes 
Booth, on tiie afternoon of the Nth, between 
2 and 4 o'clock, standing by tlie side of 
his horse — a small bay mare; Mr. Maddox 
was standing by him talking. Bootli re- 
marked, "See what a nice horse I have got; 
now watch, he can run just like a cat; " and, 
striking his spurs into his horse, he went off 
down tlie street 

About 1 o'clock Mr. Harry Ford came 
into my place and said, " Your favorite. Gen- 
eral Grant, is to be at the theater fo-niglit, 
and if you want to see him you had better go 
and get a seat" I went and secured a seat 
directly opposite the President's box, in the 
front dress-circle. I saw the President and 
his family when they came in, accompanied 
by Miss Harris and Major Rathbone. 

Somewhere near 10 o'clock, during the sec- 
ond scene of the third act of "Our American 
Cousin," I saw Booth pass along, near the 
President's box, and then stop and lean 
against the wall. After standing there a 
moment, 1 saw him step down one step, put 
his hands on the door and his knee against 
it, and push the door open — the first door 
that goes into the box. I saw no more of 
him until he made a rush for the front of the 
box and jumped over. He put his left hand 
on the railing, and with his right he seemed 
to strike back with a knife. I could see the 
knife gleam, and the next moment he was 
over tlie box. As he went over, his hand 
was raised, the handle of the knife up, the 
blade down. The President sat in the left- 
hand corner of the box, with Mrs. Lincoln 
at his right Miss Harris was in the right- 
hand corner, Major Rathbone sitting back at 
her left, almost in the corner of the box. At 
the moment the President was shot, he was 
leaning his hand on the railing, looking down 
at a person in the orchestra; holding the flag 
that decorated the box aside to look between 
it and the po^st, 1 saw the flash of the pistol 
right hack in the box. As the person jumped ' 
over and lit on the stage, 1 saw it was Booth. 
As he struck i\\k stage, he rose and exclaimed, 
" »S'ic semper tyrannus I " and ran ilirectly across 
the stage to the opposite door, where the actors 
come in. 

I heard some one halloo out of the box, 
"Revenge for the South!" I do not know 
that it was Booth, though I suppose it must 
have been; it was just as he was jumping 
over the railing. His spur caught in the blue 
part of the flag that was stretcheii around the 
box, and, as he went over, it tore a piece of 
the flag, which was dragged half way across 
the stage on the spur of his riglit heel. 



THE ASSASSINATION. 



77 



Just as Booth went over the box, I saw 
the President raise his head, and then it hung 
back. I saw Mrs. Lincoln catch his arm, 
and I was then satisfied that tlie President 
was hurt. By that time Booth was across 
the stage. A young man named Harry 
Hawk was the onlv actor on the stage at 
the time. 

I left the theater as quickly as I could, 
and went to the police station on D Street, 
to give notice to the Superintendent of Police, 
Mr. Webb. I then ran up D Street to the 
house of Mr. Peterson, where the President 
was taken. Colonel Wells was standing on 
the steps, and I told him that T had seen it 
all, and I knew the man who jumped out of 
the box. 

Next morning I saw Mr. GifFord, who said, 
"You made a hell of a statement about what 
you saw last night; how could you see the 
flash of the pistol when the ball was shot 
through the door?" On Sunday morning 
Miss Harris, accompanied by her father, 
Judge Olin, and Judge Carter, came down to 
the theater, and I went in with them. We 
got a candle and examined the hole in the 
door of the box through which Mr. GifFord 
said the ball had been shot. It looked to 
me as if it had been bored by a gimlet, and 
then rimed round the edge with a knife. In 
several places it was scratched down, as if 
the knife had slipped. After this examina- 
tion, I was satisfied that the pistol had been 
fired in the box. 

Mr. GifFord is the chief carpenter of the 
theater, and I understood had full charge 
of it I recollect when Richmond was sur- 
rendered f said to him, "Have you not got 
any flags in the theater?" He replied, " Yes, 
I have ; I guess there is a flag about." I 
said, "Why do you not run it out on the 
roof? ' He answered, " There 's a rope, isn't 
that enough ?" I said, " You are a hell of 
a man, you ought to be in the Old Capitol." 
He did n't like me any how. 

Cross-examined by Mk. Ewing. 

We looked for the bar that had been used 
to fasten the box-door, but could not find it. 
I know Mr. Spangler very well. I never 
saw him wear a moustache, that I recollect. 



James J. Giffokd. 

For the Prosecution. — May 19. 

I was the builder of Ford's Theater, and 
am stage-carpenter there. I noticed Mr. 
Harry Clay Ford in the President's box, on 
the 14th of April last, putting flags out; I 
tliink I saw Mr. Raybold with him. When 
I was in the box on Saturday, the 15th, I 
saw the large rocking-chair. I do not know 
whether or not it has been previously used 
this season, but I saw it there last season. It 
was part of a set of furniture — two sofas and 
two high-backed chairs — one with rockers and 
one with castors. I have sometimes seen the 



one with castors in the box this season, but 
not the rocking-chair. The last time I saw 
the chair before it was placed in the Presi- 
dent's box was in Mr. Ford's room, adjoining 
the theater. 

On Monday morning, al'ter the assassina- 
tion, I was trying to find out how the door of 
the President's box had been fastened, when 
I first saw the mortise in the wall. The 
Secretary of War came down to the theater 
to examine the box, and he told me to bring 
a stick and fit it in the door. I found that 
a stick about three feet six inches long, if 
pressed against it, would prevent the door 
from being opened on the outside, but if the 
door was shaken, the stick would fall. The 
mortise in the plastering looked as though it 
had been recently made, and had the appear- 
ance of having been made with a knife. Had 
a chisel or hammer been used, it would have 
made a sound, but with a knife it could have 
been done quietly. It might have required 
some ten or fifteen minutes to make it. I 
had not been in the box, I think, for a week. 
Had the marks been there then, I think I 
should have observed it, as I am particular 
in looking around to see the place is clean. 
It was the duty of Mr. Rayboltd, the u]> 
holsterer, to decorate the box; but he had a 
stiflF neck, and got Mr. Clay Ford to do it lor 
him, so he told me afterward. 

At the moment of the assassination I was 
in front of the theater; twenty minutes before, 
I was behind the scenes where 1 saw Spangler; 
he was then waiting for his business to change 
the scene. 

Cross-examined by Mr. Ewing. 

The passage on each side of the entrances 
is always kept free. The entrances are al- 
ways more or less filled with tables, chairs, 
etc. The passage way through which Booth 
passed to the outer door is about two feet 
eight inches to three feet wide; some places a 
little wider, some a little narrower; but it is 
never obstructed, except by people when they 
have a large company on the stage; never by 
chairs, tables, etc. It is necessary to keep 
this passage way clear to allow the actors ond 
actresses to pass readily from the green-room 
and dressing-rooms to the stage. I was on 
the stage until the curtain went up at each 
act, and saw Spangler there each time. The 
last time I saw him was about half-past 9 
o'clock. 

I was in front of the theater a part of the 
time between the second and third acts. I 
did not see Spangler in front of the theater 
at all ; I do not think he could have been 
there without my knowing it, because the 
scenes would have gone wrong had he left 
the stage for any length of time. I never 
knew Spangler to wear a moustache. 

In the play of the "American Cousin " there 
are, I believe, some five or six scenes in each 
act, and Spangler's presence on the stage 
would have been indispensable to the per- 



78 



THE CONSPIRACY TRIAL. 



formance. Ritterspaugh was on duty with 
Spangler on liis side of the stage tiiat night. 
I know nothing more of Booth's connection 
with Spangler tiian tliat it was friendly. 
Every hody about the house, actors and all, 
were friendly with Booth ; he had such a 
winning way that he made every person like 
bini. He was a good-natured, jovial kind of 
man, and the people about the house, as far 
as 1 know, all liked him. He had access to 
the theater by all the entrances, just as the 
employees of the theater had. Spangler ap- 
peared to be a sort of drudge for Booth, doing 
Rucb things as hitching up his horse, etc. 

Captain Theodore McGowan. 
For the Prosecution. — ^fa^/ 15. 

1 was present at Ford's Theater on the 
night of the assassination. I was sitting in 
the aisle leading by the wall toward the door 
of the President's box, when a man came and 
disturbed me in my seat, causing me to push 
my chair forward to permit him to pass; he 
stopped about three feet from where I was 
sitting, and leisurely took a survey of the 
house. I looked at him because he happeiied 
to be in my line of sight. He took a small 
pack of visiting-cards from his pocket, select- 
ing one and replacing the others, stood a 
second, perliaps, with it in his hand, and then 
showed it to the President's messenger, who 
was sitting just below him. Whether the 
messenger took the card into the box, or, 
after looking at it, allowed him to go in, I 
do not know; but, in a moment or two more, 
I saw him go through tiie door of the lobby 
leading to the box, and clo.se the door. 

After I heard the pistol fired, I saw the 
body of a man descend from the front of the 
box toward the stage. He was hid from my 
eiglit for a moment by the heads of tho.se 
who sat in the front row of the dress-circle, 
but in another moment he reappeared, strode 
across the stage toward the entrance on the 
other side, and, as lie passed, 1 saw the gleam- 
ing blade of a dagger in his right hand. He 
disappeared behind the scenes in a moment, 
and 1 saw him no more. 

I know J. Wilkes Booth, but, not seeing 
the face of the assas-sin fully, I did not at the 
time recognize him as Booth. 

M.uoR Henry R. R.vtubonr. 

For the Prosecution. — ^fa1/ 15. 

On the evening of the llth of April last, 
at about twenty minutes past S o'clock, 1, in 
company with Miss Harris, left my residence 
at the corner of Filleenth and H Streets, and 
joined the President and Mrs. Lincoln, and 
went with them, in their carriage, to Ford s 
Theater, on Tenth Street On reaching the 
thenter, when the presence of the President 
became known, the actors stopped playing, 
tlie band struck up " Hail to the Chief, " and 
the audience rose and received him with vocif- 



erous cheering. The party proceeded along 
in the rear of the dre.ss-circle and entered the 
box that had been set apart for tiieir recep- 
tion. On entering the box, there was a large 
arm-chair that was placed nearest the audi- 
ence, farthest from the stage, which the Pres- 
ident took and occupied during the whole 
of the evening, with one exception, when he 
got up to put on his coat, and returned and 
sat down again. When the second scene of* 
the third act was being performed, and wliile 
I was intently observing the proceedingH 
upon the stage, with my back toward the 
door, I heard the discharge of a pistol behind 
me, and, looking round, ea^ through the 
smoke a man between the door and the Pres- 
ident. The distance from the door to where 
the President sat was about four feet. At 
the same time I lieard the man shout some 
word, which 1 thought was " Freedom ! " I 
instantlv sprang toward him and seized him. 
He wrested himself from my grasp, and 
made a violent thrust at my breast with a 
large knife. I parried the blow by striking 
it up, and received a wound several inches 
deep in my left arm, between the elbow and 
the shoulder. The orifice of the wound was 
about an inch and a half in length, and 
extended upward toward the shoulder sev- 
eral inches. The man rushed to the front of 
the box, and I endeavored to seize him again, 
but only caught his clothes as he was leap- 
ing over the railing of the box. The clothes, 
as I believe, were torn in the attempt to hold 
him. As he went over upon the stage, I 
cried out, "Stop that man." 1 then turned 
to the President; his position was not 
changed ; his head was slightly bent forward, 
and his eyes were closed. I saw that he was 
unconscious, and, supposing him mortally 
wounded, rushed to the door for the purpose 
of calling medical aid. 

On reaching the outer door of the passage 
way, I found it barred by a heavy piece of 
plank, one end of which was secured in the 
wall, and the other resting against the door. 
It had been so securely fastened that it re- 
quired considerable force to remove it This 
wedge or bar was about four feet from the 
floor. Persons upon the outside were beat- 
ing against the door for the purpose of enter- 
ing. I removed the bar, and the door was 
opened. Several persons, who represented 
themselves as surgeons, were allowed to 
enter. I saw there Colonel Crawford, and 
requested him to prevent other persons from 
entering the box. 

I then returned to the box, and found the 
surgeons examining the I'resident's person. 
They had not yet di.scovered the wound. As 
soon as it was discovered, it was determined 
to remove liim from the theater. He was 
carried out, and I then proceeded to assist 
Mrs. Lincoln, who was intensely excited, to 
leave the theater. On reaching the head of 
the stairs, 1 requested Major Potter to aid 
me in assistini; Mrs. Lincoln across the 



THE ASSASSINATION. 



79 



street to the house where the President was 
being conveyed. The wound which 1 had 
received liad been bleeding very profusely, 
and on reaching the house, feeling very faint 
from the loss of blood, I seated myself in 
the hall, and soon after fainted away, and 
was laid upon the floor. Upon the return 
of consciousness I was taken to my resi- 
dence. 

In a review of the transactions, it is my 
confident belief that the time which elapsed 
between the discharge of the pistol and the 
time when the assassin leaped from the box 
did not exceed thirty seconds. Neither Mrs. 
Lincoln nor Miss Harris had left their seats. 

[A liowie-knife, with a heavy sfven-inch bhide, was 
exliibiti'd to the witness, stains of blood being still upon 
the blade.] 

This knife might have made a wound sim- 
ilar to the one I received. The assassin 
held the blade in a horizontal position, I 
think, and the nature of the wound would 
indicate it; it came down with a sweeping 
blow from above. 

[The knife was offered in evidence.] 

William Withers, Jr. 
For the Prosecution. — May 15. 

I am the leader of the orchestra at Ford's 
Theater. I had some business on the stage 
with our stage-manager on the night of the 
14th, in regard to a national song that I had 
composed, and I went to see what costume 
they were going to sing it in. After talking 
with the manager, I was returning to the 
orchestra, when I heard the report of a pis- 
tol. I stood with astonishment, thinking- 
why they should fire off a pistol in " Our 
American Cousin." As I turned round 1 
heard some confusion, and saw a man run- 
ning toward me with his head down. I did 
not know what was the matter, and stood 
completely paralyzed. As he ran, 1 could 
not get out of his way, so he hit me on the 
leg, and turned me round, and made two 
cuts at me, one in the neck and one on the 
side, and knocked me from the third en- 
trance down to the second. The scene saved 
me. As I turned, I got a side view of him, 
and I saw it was John Wilkes Booth. He 
then made a rush for the back door, and out 
he went. I returned to the stage and heard 
that the President was killed, and I saw him 
in the box apparently dead. 

Where I stood on the stage was not more 
than a yard from the door. He made one 
plunge at the door, which I believe was 
shut, and instantly he was out. The door 
opens inward on the stage, but whether he 
opened it, or whether it was opened for him, 
I do not know. I noticed that there was 
nothing to obstruct his passage out, and this 
seemed strange to me, for it was unusual. 

Cross-examined by Mr. Ewing. 

On that night the passage seemed to be 
clear of every thing. I do not think it 



wanted many minutes until the scene changed, 
and it was a time in the scene when the 
stage and passage way would have been 
somewhat obstructed by some of the scene- 
shifters, and the actors in waiting for the 
next scene, which requires their presence. 
1 never remember seeing Spangler wear a 
moustache. 

Joseph B. Stewart. 

For the Prosecution. — May 20. 

I was at Ford's Theater on the night of 
the assassination of the President. 1 was 
sitting in the front seat of the orchestra, on 
the right-hand side. The sharp report of 
a pistol at about half-past 10 — evidently a 
charged pistol — startled me. I heard an ex- 
clamation, and simultaneously a man leaped 
from the President's box, lighting on the 
stage. He came down with his back slight- 
ly toward the audience, but rising and turn- 
ing, his face came in full view. At the 
same instant I jumped on the stage, and the 
man disappeared at the left-hand stage en- 
trance. 1 ran across the stage as quickly as 
possible, following the direction he took, 
calling out, "Stop that man!" three times. 
When about twenty or twenty-five feet fro-n 
the door through which the man ran, the 
door slammed to and closed. Coming up to 
the door, I touched it first on the side 
where it did not open ; after which I caught 
hold at the proper place, opened the door, 
and passed out. The last time that I exclaimed 
"Stop that man," some one said, "He is 
getting on a horse at the door;" and almost 
as soon as the words reached my ears I 
heard the tramping of a horse. On opening 
the door, after the temporary balk, I per- 
ceived a man mounting a horse. The moon 
was just beginning to rise, and I could see 
any thing elevated better than neai the 
ground. The horse was moving with a 
quick, agitated motion — as a horse will do 
when prematurely spurred in mounting — 
with the reins drawn a little to one side, 
and for a moment I noticed the horse describe 
a kind of circle from the right to the left. I 
ran in the direction where the horse was head- 
ing, and when within eight or ten feet from 
the head of the horse, and almost up with- 
in reach of the left flank, the rider brought 
him round somewhat in a circle from the 
left to the right, crossing over, the horse's 
feet rattling violently on what seemed to be 
rocks. 1 crossed in the same direction, aim- 
ing at the rein, and was now on the right 
flank of the horse. He was rather gaining 
on me then, though not yet in a Ibrwani 
movement. I could have reached his flank 
with my hand when, perhaps, two-thirds of 
the way over the alley. Again he backed 
to the right side of the alley, brought tlie 
horse forward and spurred him; at the same 
instant he crouched forward, down over the 
pummel of the saddle. The horse then went 



80 



THE CONSPIRACY TRIAL. 



forward, and soon swept rapidly to tlie left, 
up toward F Street. I still ran after the 
liorse some forty or fifty yards, and com- 
manded the person to stop. All this occu- 
pied only the space of a few seconds. 

After passing the stage, I saw several per- 
sons in the passage way, ladies and gentle- 
men, one or two men, perhaps five persons. 

Near the door on my right hand, I saw 
a person standing, who seemed to be in the 
act of turning, and who did not seem to be 
moving about like the others. Every one 
else that I saw but this person, seemed in- 
tensely excited, literally bewildered; they 
were all in a terrible commotion and moving 
about, except this man. As I approached 
the door, and only about fifteen feet from it, 
this person was facing the door; but, as I 
got nearer, he partially turned round, moving 
to the left, so that I had a view of him as he 
was turning from the door and toward me. 

[The witness was directed to look at the prisoners, to see if 
ho recognized among them the person he saw standing at 
the door.] 

That man [pointing to Edward Spangler] 
looks more like the person I saw near the 
door than anybody else I see here. He re- 
calls the impression of the man's visage as 
I pas.sed him. When the assassin alighted 
on the stage, I believed I knew who it 
was that had committed the deed; that it 
was J. Wilkes Booth, and I so informed 
Richards, Superintendent of the Police, that 
night. I knew Booth by sight very well, 
and when I was running after him, I had 
no doubt in my mind that it was Booth, 
and should have been surprised to find that 
it was anybody else. I felt a good deal 
vexed at his getting away, and had no doubt 
when I started across the stage that I could 
catch him. From the time I heard tlie door 
slam until I saw the man mounting his 
horse, was not over the time I could make 
two steps. 

I am satisfied that the person I saw in- 
side the door was in a position and had an 
opportunity, if he had been disposed to do so, 
to have interrupted the exit of Booth, and 
from his manner, he was cool enough to 
have done so. This man was nearest of all 
to the door, and could have opened and 
gone out before I did, as it would have been 
but a step to the right and a reach to open it. 

Cross-examined by Mr. Ewino. 

The man I have spoken of stood about 
three feet from the door out of which Booth 
passed; I noticed him just after the door 
slammed. From the position in which he 
stood, he might have slammed it without my 
noticing it. The lock of the door, as I ap- 
proached it, was on the right-hand side, the 
hinges to the left. If the door had been 
open and I had not been stopped, I could 
have got the range of the horse outside. 

As 1 passed out of the door, a person, a 
small person, passed behind me, directly 



under my right elbow, [the witness was a tall 
man,] and as I approached the horse at the 
nearest point, some one ran rapidly out of the 
alley. The one who passed me is not so tall 
as Spangler by, perhaps, (bur or five inches. 

I did not notice that the person whom I now 
suppose to be Spangler wore whiskers or a 
moustache; my impression is that he was 
slightly bearded. It was his visage, the side 
face, that struck me. I do not undertake to 
swear positively that the prisoner, Edward 
Spangler, is the person I saw near that door; 
but I do say that there is no one among 
these prisoners, who calls that man to my 
mind, except the one who, I am told, is Mr., 
Spangler; but I am decided in my opinion, 
that Spangler resembles the person I saw 
there. 

As I got to the door, Booth was just com- 
pleting his l>alanee in the saddle. I think, 
from his position and the motion of the 
horse, that the moment he got one foot in 
the stirrup he spurred the horse, and, hav- 
ing the rein drawn more on one side than 
the other, lost control of him for the moment, 
so far as making him take a straight for- 
ward movement; he was circling round, 
moving with a quick sort sort of motion, ap- 
parently making more exertion than head- 
way, but still going pretty fast. 

Hearing the report of a loaded pistol, and 
seeing the man jump from the President's 
box with a dagger in his hand, my impres- 
sion was that the person had assassinated, 
or attempted to assassinate, the President, 
and every effort I made after I started to get 
upon the stage was under this conviction; 
so much so that I stated to the people in the 
tenement houses in the rear, before 1 returned 
to the theater, that the person who went off 
on that horse had shot the President. 

Joe Simms (colored.) 

For the Prosecution. — May 15. 

I have worked at Ford's Theater for the past 
two years. On the day of the President's 
assassination, during the performance, while 
I was up on the flies to wind up the curtain, 
I heard the fire of a pistol, and looking down 
I saw Booth jump out of a private box down 
on to the stage, with a bowie-knife in his 
hand, and then making his escape across the 
stage. Between 5 and 6 o'clock that day, 
I was in front of the theater, when I saw 
Booth go into the restaurant by the side of 
the theater. Spangler was sitting out in front, 
and Booth invited him to take a drink. I did 
not hear a word spoken between them. Booth 
and Spangler were very intimate. I have 
often seen tlien\ together, and drinking to- 
gether. 

Cross-examined by Mr. Ewino.- 

Spangler had charge of Booth's horses. 
There was a young man hired by Booth, but 
I suppose Mr. Booth thought he might not 



THE ASSASSINATION. 



81 



do right by his horses, so he got Spangler to 
see to their being fed and watered. 

Spangler's place on the stage is at the back 
part of the stage, next to the back-door lead- 
ing out to the side alley. The President's box 
is on the left-hand side as you look toward 
the audience. My position is on the flies on 
the opposite side of the President's box, and 
Mr. Spangler's place was on- the opposite side 
below, the side the President's box is on. I 
saw him in the first act. I do not remember 
seeing him in the second, but I was not look- 
ing for hini. When I saw Mr. Spangler, he 
had his hat on. I never saw him wear a 
moustache. Mr. Spangler was on the stage 
attending to his business as usual that night. 
He was obliged to be there. From my position 
on the flies I could see him very well. 

Recalled for the Prosecution. — May 18. 

On the afternoon of the day of the assas- 
sination, I saw Mr. Harry Ford and another 
gentleman fixing up the box. Mr. Ford told 
me to go to his bed-room and get a rocking- 
chair, and bring it down and put it in the Presi- 
dent's box. I did so. The chair had not been 
there before this season. It was a chair with 
a high back to it and cushioned. Mr. Span- 

fler was at the theater during the afternoon. 
[e worked there altogether, the same as I did. 

Cross-examined by Mr. Ewing. 

I did not notice Mr. Spangler there in the 
afternoon, but his business was to be there. It 
was about 3 o'clock in the afternoon when 
Mr. Harry Ford and, I think, Mr. Bucking- 
ham were in the private box. I did not see 
Spangler in the President's box in the after- 
noon, nor did I see him when I came away 
from the private box. 

John Milks (colored.) 

For the Prosecution. — May 15. 

I work at Ford's Theater. I was there 
on the day of the assassination of the Presi- 
dent About 3 o'clock in the afternoon Booth 
put his horse in the stable, and Ned Spangler 
and Jim Maddox were with him. The stable 
is not more than five yards from the theater. 
Between 9 and 10 o'clock that night, J. 
'Wilkes Booth brought a horse from the stable, 
and, coming to the back door of the theater, 
called " Ned. Spangler" three times. When 
Booth first called Spangler, some person told 
him that Booth called him, and he ran across 
the stage to him. I saw nothing more of 
Spangler or Booth until I heard the pistol go 
off. In a minute or two I heard the sound 
of a horse's feet going out of the alley. Before 
this I saw a boy holding the horse in the 
alley, perhaps for fifteen minutes. That was 
after Booth had called Spangler. 

Cross-examined by Mr. Ewing. 

When Booth called Spangler I was up on 
the flies, about three and a half stories from 
6 



the stage. It was, I think, in the third act; 
and from the time Booth brought his horse 
there until the President was shot was, I 
think, about three-quarters of an hour. I 
I was at the window pretty nearly all the 
time. From the time Booth brought the 
horse until he went away, and from the time 
I looked out of the window, John Peanuts 
was lying on the bench holding the horse; I 
did not see any one else holding it. 

John Peanuts attended to Mr. Booth's 
horses. I have seen Spangler hold Booth's 
horses or hitch them up, but I never saw him 
put any gearing on them. Spangler's place 
on the stage was on the same side as the 
President's box, and he was there when Booth 
called him. There was another man work- 
ing with Spangler to help him shove the 
scenes. 

After the President was shot, I came down 
the stairs, and I saw Spangler out there at 
the door Booth went out of There were, I 
think, two or three other or more men out 
there, some of whom were strangers. When 
I came down, 1 went toward the door, and 
Spangley came out, and I asked him who it 
was that held the horse, and he said, " Hush ! 
do n't say any thing about it;" and I didn't 
say any more, though I knew who it was, 
because I saw the boy holding the horse. 
Spangler, I suppose, when he said this, was 
about a yard and a half from the door, out- 
aide the door. Spangler appeared to be ex- 
cited; every person appeared to be very much 
excited. By the time I got down stairs, the 
door through which Booth had passed was 
open. I never saw Spangler wear a moustache. 

Dr. Robert King Stone. 
For the Prosecution — May 16. 

I am a practicing physician in this city, 
and was the family physician of the late 
President of the United States. 

I was sent for by Mrs. Lincoln immedi- 
ately after the assassination. I arrived in a 
very few moments, and found that the Presi- 
dent had been removed from the theater to 
the house of a gentleman living directly op- 
posite; and had been carried into the back 
room of the residence, and was there placed 
upon a bed. I found a number of gentle- 
men, citizens, around him, and, among oth- 
ers, two assistant surgeons of the army, who 
had brought him over from the theater, and 
had attended to him. They immediately 
gave the case' over to my care, knowing my 
relations to the family. I proceeded to ex- 
amine the President, and found that he had 
received a gun-shot wound in the back part 
of the left side of his head, into which I car- 
ried my finger. I at once informed those 
around that the case was a hopeless one; 
that the President would die; that there was 
no positive limit to the duration of his life; 
that his vital tenacity was very strong, and he 
would resist as long as any man could ; but 



82 



THE CONSPIRACY TRIAL. 



that death certainly would soon close the 
ecene. I remained with him, doing what- 
ever was in my power, assisted by my friends; 
but, of course, notliing could he done, and 
he died from the wound the next morning 
at about half-past 7 o clock. It was about 
a quarter juist 10 that I reached him. 

The next day, j)reviou8 to the process of 
embalmment, an examination was made in the 
presence of Surgeon-General Barnes, Dr. Cur- 
tis, and Dr. Woodward, of the army. We 
traced the wound through the brain, and the 
ball was found in the anterior part of the 
came side of the brain, the left side; it was 
a large ball, resembling those whicli are shot 
from the pistol known as the Derjinger; an 
unusually large ball — that is, larger than 
those used in the ordinary pocket revolvers. 
It was a leaden hand-made ball, and was 
flattened somewhat in its passage through 
the skull, and a portion had been cut off in 
going through the bone. I marked the ball 
"A. L.," the initials of the late President, 
and in the presence of the Secretary of War, 
in his office, inclosed it in an envelope, sealed 
it with my private seal, and indorsed it with 
my name. The Secretary inclosed it in an- 
other envelope, which he indorsed in like 
manner, and sealed with his private seal. It 
was left in his custody, and he ordered it to 
be placed among the archives of his depart- 
ment. 

[An official envelope, sealed with tho official seal of the 
Secretary of \Var, was here opened by the Judge Advo- 
eate in the presence of the wiiin-SH, fioni whicli was taken 
ft Derringer pietol and an envelope containing a leaden 
ball in two pieces.] 

This is the ball which I extracted from 
the head of the President; I recognize it 
from the mark which 1 put upon it with my 
pen-knife, as well as from the shape of the 
ball. This smaller piece is the fragment 
which was cut off in its passage through the 
skull. The ball was flattened, as I have be- 
fore described. 

(The ball was then offered in evidence.] 

William T. Kent. 

For the Prosecution. — May 16. 

About three minutes after the President 
was shot, I went into his box; there were 
two other persons there and a surgeon, who 
aeked me for a knife to cut open the Presi- 
dent's clothes. On leaving the theater I 
missed my night-key, and thinking J had 
dropped it in pulling out my knife, 1 hurried 
back, and on searching round the floor of 
the box, I knocked my foot against a pistol, 
which I picked up, and, holding it up, I cried 
out, " I have found the pistol." 1 gave it up 
to Mr. Gobright, the agent of the Associated 
Press. The next morning I went round to 
the police station and identified it there. 

[A Derringer pistol, about six inches in length, was 
kknded to tho witness.] 

This is the pistol I picked up in the Pres- 
'dent's box on the night of the 14th of April. 
[The pistol waa offered in eTiJenoo.] 



Isaac Jacqcettk. 
For the Prosecution. — May 18. 

I was present at Ford's Theater on the 

night of the assassination. Soon after the 

President was carried out, I went to the box 

with several others. 

[A wooden bar, abont two inches square and three feet 
long, was handiKl to the witness.] 

This wooden bar was lying on the floor 
inside of the first door going into the box. 
I picked it up and took it home with me. 
There was an officer stopping at my boarding- 
house, and he wanted a piece of it, which I 
sawed ofl" for him, but he concluded after- 
ward not to take it. It is nearly covered, 
with spots of blood which were fresh at the 
time when I found it. 
[The bar was offered in evidence.] 

Judge A. B. Olin. 
For the Prosecution. — May 18. 

On Sunday, the 16th of April, accompanied 
by Miss Harris, I visited Ford's Theater, and 
made an examination of the President's box, 
doors, locks, etc. My attention was called to 
the incision into the wall that was prepared 
to receive the brace that fitted into the corner 
of the panel of the outer door; the brace 
was not there. The door opens into the 
passage leading to the box at an angle with 
the wall, and a brace, fitted against the wall 
to the corner of tl>e door, fastens the door 
very securely. I discovered that, and looked 
lor the remains of the plastering that had 
been cut from the wall to make this incision. 
That, so far as I could observe, had been 
carefully removed from the carpet, where it 
must have fallen, as it was cut by some 
sharp instrument. 

The indentation upon the panel of the 
door where the brace might have been fixed 
from against the wall, was quite perceptible, 
and the brace was so fixed that it would be 
very difficult to remove it from the outside 
1 think it could not have been done without 
breaking the door down. The more pressure 
that was made upon it from the outside, or 
the dress-circle, the firmer it would have been 
held in its place. 

It had been said that the pistol was dis- 
charged through the panel of the door. Ai 
the passage way is somewhat dark, I pro- 
cured a light and examined very carefully 
the hole through the door. I discovered at 
once that that was made by some small in- 
strument in the first place, and was, as I 
supposed, cut out then by a sharp instrument 
like a penknife; and, by placing the light 
near the door, I thought I saw marks of a 
shaip cutting knife used to clean out the hole. 
I examined to see if I could discover the 
chips that must have been made by boring 
and cutting this small hole, but they had 
been removed. It was a freshly-cut hole, 
the wood apparently being as fresh as i< 
would have been the instant it was cut 



PURSUIT AND CAPTURE OF COOTH AND IIEROLD. 



83 



I then discovered tliat the clasp which fas- 
tens the bolt of tiie outer door liad been 
loosened. The upper screw holding the clasp 
}>ad been loosened in such a way that when 
the door was locked I could push it open 
with my forefinger. 

I then placed the chair in which the Pres- 
ident sat in the position, as nearly as Miss 
Harris could recollect, it had occupied on 
the night of the assassination. Seating my- 
self in it, and closing the door, it was found 
that my head — about midway from the base 
to the crown — would be in the range of the 
eye of a person looking through the hole 
in the door. It was a large high-backed 
arm-chair, with satin cushions, not a rock- 
ing-chair, I think. 

David C. Keed. 
For the Prosecution. — May 15. 

On the 14th of April, about 2 o'clock, as 
I was standing just below the National 
Theater, I saw John H. Surratt, and we 
bowed to each other as he passed. I am 
quite positive that it was John H. Surratt. 
He was dressed in a country-cloth suit of 
drab, very fine in its texture and appearance, 
and very genteelly got up. I took particular 
notice of his clothing, for it was my business 
to make clothes. He had a little, round- 
ctowned drab hat. He was on foot, but I 
particularly noticed he wore a pair of new, 
brass-plated spurs, with very large rowels. 

I have known John H. Surratt a great 
while. I knew him when quite a boy, at his 
father's house, and have been him out gun- 
See testimony of C. 



ning. He had grown pretty much out of m^ 
recollection ; still I knew him, though I had 
no intimacy with him. 

Cross-examined by Mr. Aiken. 

I last saw John H. Surratt before the 14th 
of April, I think, in October. In appearance, 
John H. Surratt is light complexioned, with 
rather singular colored hair; it is not red, it 
is not white, it is a kind of sandy. It was 
cut rounded, so as to lay low on his collar, 
and a little heavy. I did not notice whether 
he wore a moustache or a goafcee, for I was 
more interested in his clothing. 

I never saw him in that dress before. In 
hight, I suppose he is about five feet, ten 
inches; he is not a stout man, but rather 
delicate. I do not suppose he would weigh 
over one hundred and forty pounds, judging 
from his build. In walking, he stoops a 
little. He • was on the same side of the 
avenue that I was, and passed within three 
feet of me. I am as certain that it was 
Surratt as that I stand here. 

John F. Coyle. 
For the Prosecution. — May 17. 

I am connected with the National Intelli- 
gencer. I knew J. Wilkes Booth in his 
lifetime, though not intimately. 

The statement that Booth, on the night 
before the assassination, wrote an article in 
which he set forth the reasons for his crime, 
and left it with one of the editors of the Na- 
tional Intelligencer, is not correct. No such 
paper was ever received, to my knowledge, 
D. Hess, page 99. 



PURSUIT AND CAPTURE OF BOOTH AND HEROLD. 



John Fletcher. 

For the Prosecution. — May 17. 

David E. Herold came to our stable, in 
company with the prisoner, Atzerodt, about 
a quarter to 1 o'clock, on the 14th of 
April, and engaged a horse, which he told 
me to keep for him, and he would call for it 
at 4 o'clock. At a quarter past 4 he 
came and asked me how much I would 
charge him for the hire of the horse. I 
told him five dollars. He wanted it for 
four. I told him he could not have it for 
that. He knew the horse, and inquired for 
that particular one. I went down to the 
stable with him, and told him to take a mare 
that was in the stable; but he would not 
have her. I then told him I would give 
him the other horse. He then wanted to 



see the saddles and bridles. I showed him a 
saddle, and he said it was too small. Then 
I showed him another. That suited him 
very well, only that it had not the kind of 
stirrups he wanted. The stirrups were cov- 
ered with leather, and he wanted a pair of 
English steel stirrups. He then wanted to 
see the bridles. I took him into the office 
and showed him the bridles, and he picked 
out a double-reined bridle. Before he mounted 
the horse he asked me how late he could 
stay out with him. I told him he could 
stay out no later than 8 o'clock, or 9, at 
furthest. After that hour I became very 
uneasy about the horse, and wanted to see 
about it before I closed up the stable; and 
that is how I got to see Atzerodt and Herold. 
At about 10 o'clock, having a suspicion 
that Herold was going to take the horse 



84 



THE CONSPIRACY TIIIAL. 



away, I went across E Street, and up Four- 
teentli Street, till I came upon Pennsylvania 
Avenue, close to Willard s, where I saw 
llerold tiding the roan Jiorse. He seemed 
as if he was coining down from the Treasury 
iipon the Avenue. lie was passing Four- 
teenth Street; the hor«e was pulling to get 
to the stable, for he was a horse very well 
acquainted with the stable. 1 suppose Her- 
old knew me by the light of the lamp, for 
, he turned the horse around, and I hallooed to 
him, "You get off that horse now; you 
have had >t long enough;" but he put spurs 
' to it, and went, as fast as the horse could 
go, up Fourteenth Street, making no reply to 
nie. He was a very fast horse, and all the 
time used as a lady's saddle-horse ; any one 
could ride him, he was so gentle and nice; 
his pace was a single foot rack. He would 
trot if you would let the bridle go slack. He 
was a light roan horse, black tail, legs, and 
mane, and close on fifteen hands high. I 
kept sight of him until he turned to the east 
of F Street. That was about twenty-five 
minutes past 10. 

I then returned to the stable for a saddle 
and bridle and horse myself, and went 
along the avenue until I came to Thirteenth 
Street; went up Thirteenth Street to E; along 
E until I came to Ninth, and turned down 
Ninth Street to Pennsylvania Avenue again. 
I went along the avenue to the south side of 
the Capitol. I there met a gentleman, and 
asked him if he had passed any one riding on 
horseback. He said yes, and that they were 
riding very fast. I followed on until 1 got to 
the Navy Yard bridge, where the guard 
halted me, and called for the sergeant of the 
guard. He came out, and I asked him if a 
roan horse had crossed that bridge, giving 
him a description of the horse, saddle, and 
bridle, and the man that was riding. He 
eaid, " Yes, he has gone across the bridge." 
"Did he stay long here?" I asked. He re- 
plied, " He said that he was waiting for 'an 
acquaintance of his that was coming on ; but 
he did not wait, and another man came 
riding a bay horse or a bay mare, right after 
him." "Did he tell you his name?" "Yes, 
he said his name was Smith." I asked if I 
could cross the bridge after them. He said, 
" Yes, you can cross, but you can not return." 
I said, "If that is so, I will not go." So I 
turned around and came back to the city 
again. When I came to Third Street, 1 
looked at my watch, and it wanted ten min- 
utes to I'J. I rode pretty Aist going down to 
the Navy Yard, but I rode slowly coming 
"back. I went along E Street until I got to 
Fourteenth Street, and inquired of the fore- 
man at Murphy's stable, by th^ name of 
Dorsey, whether this roan horse had been 
l)ut up there. He said, "No; but," said he, 
» "you had better keep in, for President Lin- 
coln is shot and Secretary Seward is almost 
dead." I then returned to the stable, put 
u]> the horse, c&me outside of the oflicc 



window, and sat down there; it was half-past 
1 o'clock. 

Cross-examined by Mr. Stone. 

When I caught sight of llerold on the 
horse, near Willard's, the horse seemed some- 
what tired, and as if he wanted to go to the 
stable, and appeared as if he had been ridden 
a right smart distance. He was then going 
an easy kind of pace. I am quite satisfied 
that it was Herold I saw on my horse. 

I became acquainted with Herold by his 
calling at our stable, about the 5th or 6th of 
April, inquiring for the man Atzerodt, but he 
did not inquire for him by name; he wanted 
to know if the man that kept the horse in 
the side stable had been there that day. He 
came to our stable every day, from about the 
5th or 6th of April until the 12th, inquiring 
for Atzerodt, and I saw him ride with him. 
One day Atzerodt went out riding, and seut 
the horse back by Herold, and the next day 
Atzerodt asked, " How did he bring the horse 
back?" and if he rode him fast. 

Sergeant Silas T. Cobb. 
For the Prosecution. — May 16. 

On the night of the 14th of April, I waa 
on duty at the Navy Yard bridge. At about 
half-past 10 or 11 o'clock, a man approached 
rapidly on horseback. The sentry challenged 
him, and I advanced to see if he was a proper 
person to pass. 

I asked him, "Who are you, sir?" He 
said, " My name is Booth." I asked him 
where he was from. He made answer, " From 
the city." "Where are you going?" I said; 
and he replied, "I am going home." I asked 
him where his home was. He said it was in 
Charles. I understood by that that he meant 
Charles County. I asked him what town. 
He said he did not live in any town. I said, 
" You must live in some town." Said he, " I 
live close to Beantown ; but do not live in the 
town. " I asked him why he was out so late; 
if he did not know the rule thaf persons were 
not allowed to pass after 9 o'clock. He said 
it was new to him; that he had had some- 
where to go in the city, and it was a dark 
night, and he thought he would have the 
moon to ride home by. The moon rose that 
night about that time. I thought he was a 
proper person to pass, and I passed him. 

[A photograph of J. Wilkes Booth was shown the wit- 
ness.] 

That is the man that passed first He rode 
a email-sized horse, rather an under-sized 
horse, I should think, a very bright bay, with 
a shining skin, and it looked as though he 
had just had a short burst — a short push — 
and seemed restive and uneasy, much more 
so than the rider. In all, I had some three 
or four minutes' conversation with him before 
I allowed him to pass. 

In perhaps five or .seven, or, at the outside, 
ten minutes, another person came along. He 



11 



PURSUIT AND CAPTURE OF BOOTH AND HEROLD. 



85 



(lid not seem to be riding so rapidly as the 
first, or his horse did not show signs of it as 
much as the first. I asked who he was, and 
he said that hia name was Smith, and that he 
was going home; that he lived at the White 
Plains. I asked him how it was that he was 
out so late. He made use of a rather indeli- 
cate expression, and said that he had been in 
bad company. I brought him up before the 
guard-house door, so that the light shone full 
in his face and on his horse. 

[The accused, David E. Harold, was directed to stand up 
for identification.] 

He is very near the size of the second 
horseman; but, I should think, taller, al- 

' though I can not be sure, as he was on 
horseback. He had a lighter complexion 
than this man. After his explanation, 1 
allowed him to pass. He rode a medium- 
sized, roan horse. I should think the horse 
was going at a heavy racking pace, or some- 
thing like that. The horse did not move 
like a trotting horse. He carried his head 
down. 

Afterward, a third horseman rode up, and 
made inquiry after a roan horse; after a man 
passing on a roan horse. He made no in- 
quiry about the other horseman who had 
passed first. He did not seem to have any 

• business on the other side of the bridge that 
I considered of suflficient importance to pass 
him, and so I turned him back. 

I do not think the moon was up at that 
time, but rose after the horsemen had gone 
forward. 

Polk Gardiner. 
For the Prosecution. — May 16. 

On the night of the 14th of April last, I 
was on the Bryantown road, coming to 
Washington, and about 11 o'clock, when on 
Good Hope Hill, 1 met two horsemen, one 
about half a mile behind the other, and both 
riding very fast. The first, who was on a 
dark horse, I think a bay, asked me if a 
horseman had passed ahead; he then asked 
me the road to Marlboro, and if it did not 
turn to the right. I told him no; to keep 
the straight road. 

As the second horseman rode up, a lot of 
teamsters were passing at the time, and I 
heard him ask them whether a horseman 
had passed ahead; I do not know whether 
he asked them or me; I did not answer. 
He rode a roan horse, a light horse, a roan or 
an iron-gray. . 

Cross-examined by Mr. Cox 

I met the first horseman two miles and a 
half or three miles from the city, half-way 
up the hill. It was not over five or ten 
minutes before the second horseman came 
along. Both of them w6re riding very fast. 



John M. Lloyd. 

For the Prosecution. — May 13. 

I reside at Mrs. Surratt's tavern, Surratts- 
ville, and am engaged in hotel-keeping and 
farming. Some five or six weeks before the 
assassination of the President, John H-. Sur- 
ratt, David E. Herold, andG. A. Atzerodtcanie 
to my house. Atzerodt and Surratt drove 
up to my house in the morning first, and 
went toward T. B., a post-office about five 
miles below there. They had not been gone 
more than half an hour, when they returned 
with Herold. All three, when they came 
into the bar-room, drank, I think. John 
Surratt then called me into the front parlor, 
and on the sofa were two carbines, with 
ammunition; also a rope from sixteen to 
twenty feet in length, and a monkey-wrench. 
Surratt asked me to take care of these things, 
and to conceal the carbines. I told him 
there was no place to conceal them, and I 
did not wish to keep such things. He then 
took me into a room I had never been in, 
immediately above the store-room, in the 
back part of the building. He showed me 
where I could put them underneath the joists 
of the second floor of the main building. 
1 put them in there according to his direc- 
tions. 

I stated to Colonel Wells that Surratt put 
them there, but I carried the arms up and 
put them in there myself. There was also 
one cartridge-box of ammunition. Surratt 
said he just wanted these articles to stay for 
a few days, and he would call for them. 
On the Tuesday before the assassination of 
the President, I was coming to Washington, 
and I met Mrs. Surratt, on the road, at Union- 
town. When she first broached the subject 
to me about the articles at my place, 1 did 
not know what she had reference to. Then 
she came out plainer, and asked me about 
the "shooting-irons." I had myself forgot- 
ten about their being there. I told her they 
were hid away far back, and that I was 
afraid the house might be searched. She 
told me to get them out ready ; that they 
would be wanted soon. I do not recollect 
distinctl}' the first question she put to me. 
Her language was indistinct, as if she wanted 
to draw my attention to something, so that 
no one else would understand. Finally she 
came out bolder with it, and said they 
would he wanted soon. I told her that I 
had an idea of having them buried; that 
I was very uneasy about having them 
there. 

On the 14th of April I went to Marlboro 
to attend a trial there; and in the evening, 
when I got home, which I should judge was 
about 5 o'clock, I found Mrs. Sufratt there. 
She met me out by the wood-pile as 1 drove 
in with some fish and oysters in my buggy. 
She told me to have those shooting-irons 



I got off" the hill entirely before I met the ready that night, there would be some parties 
second man. ' who would call for them. She gave me 



86 



THE CONSPIRACY TRIAL. 



something wrapped in a piece of paper, 
whicli I took up stairs, and found to be a 
field-glass. She told me to get two bottles 
of whisky ready, and that these things were 
to be called for that night. 

Just about midnight on Friday, Iler- 
old came into the house and said, "Lloyd, 
for God's sake, make haste and get those 
things." I did not make arry reply, but 
went straight and got the carbines, supposing 
they were the parties Mrs. Surratt had re- 
ferred to, though she didn't mention any 
names. From the way he spoke he must 
have been apprised that I already knew what 
I was to give him. Mrs. Surratt told me to 
give the carbines, whisky, and field-glass. I 
did not give them the rope and monkey- 
wrench. Booth did n't come in. I did not 
know him; he was a stranger to me. He re- 
mained on his horse. Herold came into the 
liouse and got a bottle of whisky, and took 
it out to him, and he drank while sitting 
on his horse. Herold, I think, drank some 
out of the glass before he went out. 

I do not think they remained over five 
minutes. They only took one of the car- 
bines. Booth said he could not take his, be- 
cause his leg was broken. 

•Tust as they were about leaving, the man 
who was with Herold said, "I will tell you 
some news, if you want to hear it," or some- 
thing to that effect. I said, "I am not par- 
ticular; use your own pleasure about telling! 
it." "AVell," said he, "I am pretty certain] 
that we have assassinated the President and j 
Secretary Seward." I think that was his: 
language, as well as I can recollect. Whether 
Herold was present at the time he said that, | 
or whether he was across the street, I am 
not positive ; I was much excited and un- 
nerved at the time. 

The moon was shining when the men 
came. The man whose leg was broken was 
on a light-colored horse; I supposed it to be 
a gray horse, in the moonlight. It was a 
large horse, I suppose some sixteen hands 
higli ; the other, ridden by Herold, was a bay, 
and not so large. 

Between 8 and 9 o'clock the next morning 
the news was received of the assassination 
of the President, and I think the name of 
Booth was spoken of as the assassin. 

I have heard Atzerodt called by the nick- 
name of " P^rt Tobacco." I used to call 
him "Miserable," and then I called him, for 
a long time, "Stranger." I do not think I 
had been acquainted with him over two 
months before the assassination. 

[Two carbines, !<pfncer rifles, were exhibited to the wit- 
nesii. ! 

The carbines were brought in covers. The 
cover that is on this one looks like the cover 
in which it was brought to me. I took the 
cover off one, and the peculiar kind of 
breech attracted my attention, never having 
seen one like it before. They look like the 
carbines that were brought to my place. 



Cross-examined by Mr. Aikex. 

I I rented Mrs. Surratt's house at Surratts- 
1 ville, about the first of December last, and 
I Mrs. Surratt frequently came there afler 
I that. When I met Mrs. Surratt on the 
I Tuesday preceding the assassination, I was 
[coming to Washington, and she was going 
[ to my place, I supposed. I stopped, and so 
did she I then got out and went to her 
buggy. It had been raining, and was very 
muddy. I do not know that the word "car- 
bine" was mentioned. She spoke about 
those shooting-irons. It was a very quick 
and hasty conversation. I am confident that 
she named the shooting-irons on both oc- 
casions; not so positive aboiit the first as 
I am about the last; I know she did on 
the last occasion. On the Friday I do not 
think Mrs. Surratt was there over ten min- 
utes. 

AVhen I first drove up to the wood-yard, 
Mrs. Surratt came out to where I wa.s. " The 
first thing she said to me was, "Talk about 
the devil, and his imps will appear," or 
something to that effect. I said, "I was not 
aware that I was a devil before." "Well." 
said she, "Mr. Lloyd, I want you to have 
those shooting-irons ready ; there will be 
parties here to-night who will call for them." 
At the same time she gave me something 
wrapped up in a newspaper, which I did not 
undo until I got up stairs. 

The conversation I had with Mrs. Sur- 
rat about the shooting-irons was while I was 
carrying the fish and oysters into the house. 
Mrs. Surratt then requested me to fix her 
buggy for her. The front spring bolts were 
broken; the spring had become detached 
from the axle. I tied them with some cord; 
that was the only fixing I could give them. 
Mrs. Ofl'utt, my sister-in-law, was, I believe, 
in the yard; but whether she heard the con- 
versation or not, I do not know. 

The first information that I gave of this 
occurrence was to Lieutenant Lovett and 
Captain Cottingham, some time about the 
middle of the week; but I did not detail all 
the circumstances. I told these officers that 
it was through the Snrratts that 1 had got 
myself into the difficulty. If they had never 
brought me on there, I never would have got 
myself into difficulty, or words to that effect; 
and I gave full infornmtion of the particu- 
lars to Colonel Wells, on the Saturday week 
following. 

When Booth and Herold left my house, 
they took the road toward T. B. Herold 
came up toward the stable between me and 
the other man, who was on the light-colored 
horse, and they rode oft' at a pretty rapid 
gait When Herold brought back the bottle 
from which Booth had drank the whisky, he 
remarked to me, " I owe yon a couple of 
dollars;" and said he, "Here." With that 
he offered me a note, which next morning I 
found to be one dollar, which just about paid 



PURSUIT AND CAPTURE OF BOOTH AND HEROLD. 



87 



for tlie bottle of liquor they had just pretty 
nearly drank. 

I think I told Mrs. Offutt, after Mrs. Sur- 
ratt went away, that it was a lield-glass she 
had brought. She did not tell me that Mrs. 
Surratt gave her a package. 

By Mr. Doster. 

I did not know his name to be Atzerodt 
until, I suppose, two or three weeks at the 
farthest. 

By Mr. Stonk. 

Booth did not take a carbine with him. 
I only brought one carbine down ; Booth 
eaid he could not carry his; I had the car- 
bine then in my bed-chamber. It was no 
great while after Mrs. Surratt left, when, ac- 
cording to her orders, I got them from the 
store-room and carried them to my bed-room 
to have them ready. I brought the carbine 
and gave it to Ilerold before they eaid they 
had killed the President; they never told me 
that until they were about riding off. I was 
right smart in liquer that afternoon, and 
after night I got more so. I went to bed be- 
tween 8 and 9 o'clock, and slept very soundly 
until 12 o'clock. I woke up just as the 
clock struck 12. A good many soldiers came 
there on Saturday, and on Sunday night 
others came and searched the place. When 
they asked if 1 had seen two men pass that 
way in the morning, I told them I had not. 
That is the only thing I blame myself about. 
If I had given the information they asked 
of me, I should have been perfectly easy re- 
garding it. Tliis is the only thing I am 
sorry I did not do. 

Recalled for the Prosecution. — May 15. 

Cross-examined by Mr. Aiken. 
When the party brought the carbines to 
my house, Mr. Surratt assisted me in carry- 
ing them up stairs, together with the cart- 
ridge-boxes, and they were immediately con- 
cealed between the joists and ceiling of an 
unfinished room, where they remained until 
that Friday when Mrs. Surratt gave me in- 
formation that they would be wanted that 
night I then took them out, according to 
her direction, and put them in my bed-room, 
eo as to have them convenient for any par- 
ties that might call that night. I was out 
by the wood-pile when Mr.s. Surratt handed 
the package to me. I prepared two bottles 
of whisky, according to her directions. 

Lieutenant Alexander Lovett. 

For the Prosecution. — May 16. 

On the day after the assassination of the 
President, I went with otliers in pursuit of 
the murderer.s. We went by way of Surratts- 
ville to the hou.«!e of Dr. Samuel A. Mudd, 
which is about thirty miles from Washington, 
and about one-quarter of a mile or so oft" the 
road that runs from Bryantown, arriving there 



on Tuesday, the 18th of April. Dr. Mudd, 
whom I recognize among the accused, did 
not at first seem inclined to give us any satis- 
faction; afterward he went on to state that 
on Saturday morning, at daybreak, two stran- 
gers had come to his place; one, of them 
rapped at the door, the other remained on 
his horse. Mudd went down and opened the 
door, and with the aid of the young man 
who had knocked at the door helped the 
other, who had his leg broken, off" his horse, 
took him into his house and set his leg. 

On asking him who the man with the 
broken leg was, he said he did not know; 
he was a stranger to him. The other, he 
said, was a young man, about seventeen or 
eighteen years of age. Mudd said that one 
of them called for a razor, which he fur- 
nished, together with soap and water, and the 
wounded man shaved off" his moustache. 
One of our men remarked that this was sus- 
picious, and Dr. Mudd said it did look sus- 
picious. I asked him if he had any other 
beard. He said, " Yes, he had a long pair of 
whiskers." He said the men remained thera 
but for a short time, and I understood him 
that they left in the course of the morning. 
He said that the wounded man went off on 
crutches that he (Mudd) had had made for 
him. He said the other led the horse of the 
injured man, and he (Mudd) showed them 
the way across the swamp. He told me that 
he had heard, at church, on Sunday morn- 
ing, that the President had been assassinated, 
but did not mention by whom. We were 
at his house probably an hour, and to the 
last he represented that those men were en- 
tire strangers to him. 

It was generally understood at this time 
that Booth was the man who assassinated 
the President; even the darkeys knew it; and 
1 was told by them that Booth had been there, 
and that he had his leg broken. 

On Friday, the 21st of April, I went to Dr. 
Mudd's again, for the purpose of arresting 
him. When he found we were going to search 
the house, he feaid something to his wife, and 
she went up stairs and brought down a boot 
Mudd said he had cut it "off the man's leg, 
in order to set the leg. I turned down the 
top of the boot, and saw the name "J. 
Wilkes" written in it. 

I called Mudd's attention to it, and he 
said lie had not taken notice of it before. 
Some of the men said the name of Booth 
was scratched out, but I said that the name 
of Booth had never been written. 

[A long riding boot, for the left foot, slit up in front for 
about eight inches, was exhibited to the witness. 1 

That is the boot. 

[The boot was offered in evidence.] 

At the second interview, he still insisted 
that the men were strangers to him. 1 made ^ 
the remark to him that his wife said she 
had seen the whiskers detached from hia 
face, and I suppose he was satisfied then, for 
he subsequently said it was Booth. After we 



THE CONSPIRACY TRIAL. 



^ left hie house, one of the men sliowed him 
Booth's pliotopraph, and Mudd remarked 
that it did not look like Booth, except a lit- 
tle across the eyes. Shortly after tliat, he 
said he had an introduction to Booth in No- 
vember or December last, at churcli, from a 
man named Johnson or Thompson. On be- 
ing questioned, he said he had been along 
with Booth in the country, looking up some 
land, and was with him when he bought a 
horse of Esquire Gardiner, last fall. 

Although I was in citizen's clothes at the 
time, and addressed no threats to him, Dr. 
Mudd appeared to be much frightened and 
anxious. Wlien asked what arms the men 
had, Dr. Mudd stated that the injured man 
had a pair of revolvers, but he said nothing 
about the other having a carbine, or eitlier 
of them having a knife; his manner was 
very reserved and evasive. 

Cross-examined by Mr. Ewing. 

At the time that Dr. Mudd was describing 
to me the "two strangers" that had been 
to his house, I did not tell lym of my track- 
ing Booth from Washington; I did not men- 
tion Booth's name at all; it was not my busi- 
ness to tell him whom I was after. 

On my second visit, Dr. Mudd was out, 
and his wife sent after him; I walked down 
and met him. I was accompanied by spe- 
cial officers Simon Gavacan, Joshua Lloyd, 
and William Williams. After we entered the 
house, I demanded the razor tiiat the man 
had used. It was not until after we had 
been in the house some minutes, and one of 
the men said we should have to search the 
house, that Dr. Mudd told us the boot had 
been found, and his wife brought it to us. 

I asked him if that might not be a Ailse 
whisker; he said he did not know. I asked 
this because Mrs. Mudd had said that the 
whisker became detached when he got to the 
foot of the stairs. The Doctor never told me 
that he had Booth up stairs; he told me he 
was on the sofa or lounge. 

Mudd stated, at our first interview, that 
the men remained but a short time; after- 
ward his wife told me that they had staid 
till about 3 or 4 o'clock, on Saturday after- 
noon. I asked Mudd if the men had much 
money about them. lie said they had con- 
siderable greenbacks; and, in this connection, 
although I did not ask him if he had been 
paid for setting the man's leg, he said it was 
customary to make a charge to strangers in 
such a case. When Dr. Mudd said he had 
shown the men the way across the swamps, 
I understood him to refer to the swamps a 
thousand yards in the rear of his own house. 
He told us that the men went to the Rev. 
Dr. Wilmer's, or inquired for Parson Wil- 
mcr's: that he took them to the swamps; that 
they were on their way to Allen's Fresh ; 
but I paid no attention to this at the time, 
as I considered it was a blind to throw us off" 
our track. We, however, afterward searched 



Mr. Wilmer's, a tiling I did not like to do, 
as I knew the man by reputation, and was 
satisfied it was unnecessary. We tracked 
the men as far as we could. We went into 
the swamp and scoured it all over; I went 
through it half a dozen times; it was not a 
very nice job though. I first heard from 
Lieutenant Dana that two men had been at 
Mudd's house. I afterward heard from Dr. 
George Mudd that a partj' of two had been 
at Dr. Samuel Mudd's. 

Cross-examined by Me. Stone. 

When we first went to Dr. Samuel Mudd's 
house, we were accompanied by Dr. George 
Mudd, whom we had taken from Bryantown 
along with us. Our first conversation was 
with the Doctor's wife. When we asked Dr. 
Mudd whether two strangers had been there, 
he seemed very much excited, and got as 
pale as a sheet of paper, and blue about the 
lip.s, like a man that was frightened at some- 
thing he had done. Dr. George Mudd was 
present when I asked if two strangers had 
been there. He had spoken to Dr. Samuel 
Mudd previous to that. He admitted that 
two strangers had been there, and gave a 
description of them. 

In my first interview with Mudd on the 
Tuesday, I did not mention the name of Booth 
at all; and it was not till I had arrested him, 
wiien on horseback, that he told me he was 
introduced to Booth last fall, by a man 
named Johnson or Thompson. 

Lieutenant David D. Dana, 

For the Prosecution. — May 20. 

On Saturday, the day after the assassina- 
tion of the President, I sent a guard of four 
men ahead of me to Bryantown, and they 
arrived about half an hour before me. I 
arrived there about 1 o'clock. I commu- 
nicated the intelligence of the assassination, 
and the name of the assassin, to the citizens; 
it spread through tiie village in a quarter of 
an hour. Some of the citizens asked me if 
I knew for a certainty it was J. Wilkea 
Booth, and I told them yes, as near as a 
person could know any thing. 

William Williams. 

For the Prosecution. — May 17. 

On Monday, the 17th of April, in com- 
pany with some cavalry, I proceeded to Sur- 
rattsville. On the next day, Tuesday, I ar- 
rived at Dr. Mudd's. He was not at home, 
and his wife sent for him. I asked if any 
strangers had been that way, and he said 
there had not. Some of the ofticers then 
talked with him. I think he stated that he 
first heard of the assassination of the Presi- 
dent at church, on the Sunday morning. He 
seemed to be uneasy, and unwilling to give 
us any information without being asked di- 
rectly. 



PUKSUIT AND CAPTURE OF BOOTH AND HEROLD. 



89 



On Friday, the 21st. we went there again 
for the purpose of arresting Dr. Mudd. He 
was not at home, but his wife sent for him. 
I asked him concerning the two men who 
Iiad been at lii.s house, one of them having a 
broken leg. He then said that they had 
been there. I asked him if those men were 
not Booth and Herold. He said they were 
not. He said lie knew Booth, having been 
introduced to liim last fall by a man by the 
name of Thompson, I believe. 

After we had arrested him, and were on 
our way to Bryantown, I sliowed him Booth's 
picture, and asked him if that looked like 
the man who had his leg broken. After 
looking at the picture a little while, he said 
it did not; he did not remember the features; 
after awhile, however, he said it looked 
something like Booth across the eyes. 

At our second visit to Dr. Mudd's house, 
I informed Mrs. Mudd that we had to search 
the house She then said 

Mr. EwiNG. You need not state what Mrs. 
Mudd said. 

The Judge Advocate. Any thing that was 
eaid in Dr. Mudd's presence is admissible. 

The witness continued. This was said, I 
believe, in Dr. Mudd's presence. She said 
that the man with the broken leg had left 
his boot in the bed. She then went and 
brought the boot down. It was a long rid- 
ing-boot, with ''J. Wilkes" and the maker's 
name, " Broadway, N. Y.," written inside. 
The boot was cut some ten inches from the 
instep. 

Dr. Mudd said that the men had arrived 
before daybreak, and that tliey went away 
on foot between 3 and 4 o'clock on the af- 
ternoon of Saturday. He had set the man's 
leg, and had had crutches made for liim by 
one of his men. 

Cross-examined by Mr. Stone. 

Lieutenant Lovett was present at this con- 
versation. I believe it was on Friday that 
Dr. Mudd said that the first knowledge he 
had of the assassination was received at 
church on the Sunday before. I asked him 
the question on Friday, if "two strangers" 
had been there. He said that there had 
been. Two men had come there at day- 
break; one, a smooth-faced young man, ap- 
parently seventeen or eighteen years of age, 
and that he had set the leg of one of them. 
They had come to his door and knocked, 
and he had looked out of the window up 
stairs, and asked them who they were. I 
believe he said their reply was that they 
were friends, and wanted to come in. Dr. 
Mudd then came down stairs, and, with the 
assistance of the young man, got the wounded 
man off his horse into the parlor, and ex- 
amined his leg on the sofa. The wounded 
man l)ad a moustache, he said, and pretty 
long chin-whiskers. I asked him if lie 
thought the whiskers were natural. He 
said he could not tell. The injured man 



had a shawl round his shoulder-s. Dr. Mudd 
said that on leaving they asked him the 
rojW to Parson Wilmer's, and that he had 
shown them the way down to the swamp. 
I did not pay much attention to their going 
to Farsou Wilmer's at first, because I 
thought it was to throw us oflf" the track ; 
but we followed the road as far as we 
could, after which we divided ourselves, and 
went all through the different swamp roads. 
The road is not much frequented. We found 
horses' tracks, but not such as sati.^fied me 
that they were the tracks of these men, and 
we heard nothing of them on the road. We 
got to the Rev. Mr. Wilmer's, I think, on 
the Wednesday evening. We were acting 
under the orders of Major O'Beirne, and 
Lieutenant Lovett had charge of our squad. 

Simon Gavacan. 
For the Prosecution. — 3fay 17. 

I was at Dr. Mudd's house on the fore- 
noon of Tuesday, the 18th of April, in pur- 
suit of the murderers of the President. We 
inquired if two men passed there on the 
Saturday morning after the assassination, 
and Dr. Mudd said no. Then we inquired 
more particularly if two men had been there, 
one having his leg fractured. He said yes. 
In answer to our questions, he told us that 
they had come about 4, or half-past 4, on 
Saturday morning, and rapped at his door; 
that he was a little alarmed at the noise, but 
came down and let them in; that he and the 
other person assisted the man with the 
broken leg into the house, and that he at- 
tended to the fractured leg as well as he 
could, though he had not much facilities for 
doing so. I believe he said the wounded 
person staid on the sofa for awhile, and after 
that was taken up stairs, and remained 
there until between 3 and 5 o'clock in the 
afternoon of Saturday. He said that he 
went out with the other man to find a buggy 
to take away the wounded man, but could 
not get one. I understood him to say that 
on leaving his house they first inquired the 
road to Allen's Fresh, and also to the Rev. 
Dr. Wilmer's, and that he took them part 
of the way to show them the road. He told 
us he did not know the persons at all. 

On Friday, the 21st, we went to Dr. 
Mudd's again, for the purpose of arrest- 
ing him and searching his house. He was 
not in, but his wife sent for him. When 
he came, we told him that we would have 
to search his house. His wife then went up 
stairs and brought down a boot and a razor. 
Inside the leg of the boot w£ found the 
words. "J. Wilkes." We asked him if he 
thought that was Booth, and he said he 
thought not. He said the man had whis- 
kers on, but that he thought he shaved off 
his moustache up stairs. When we inquired 
of him if he knew Booth, he said that he 
was introduced to him last fall by a man 



90 



TUE CONSPIRACY TRIAL. 



named Thompson, but he thought the mau 
who had been there was not Booth. 

• Cross-examined by Mr. Ewino. • 

Our conversation with Dr. Mudd lasted 
probably an hour. He was asked questions 
by all of us. Lieutenant Lovett was there 
ail the time. When Mrs. Mudd brought 
down the boot and razor, we thought we 
had satisfactory evidence that Booth and 
Herold had been there, and did not search 
the house further. I believe there was a 
photo^aph of Booth shown to Dr. Mudd 
on Tuesday, and he said he did not rec- 
ognize it, but said there was something 
about the forehead or the eyes that resem- 
bled one of the parties. 

^ ' Joshua Lloyd. 

For the Prosecution. — May 16. 

I was engaged with others in the pursuit 
of the murderers of the President in the di- 
rection of Surrattsville. We got to Dr. 
Mudd s on Tuesday, the 18th. I asked him 
if he had not heard of the President being 
assassinated; he said yes. I then asked him 
if he had seen any of the parties — Booth, 
Herold, or 8urratt; he said he had never 
seen them. 

On Friday, the 21st, at the second inter- 
view, he said two men came there about 4 
o'clock on the Saturday morning, and re- 
mained there until about 4 in the afternoon. 
They came on horseback; one of tliem had 
a broken leg, and when they left his house 
one was riding and the other walking, lead- 
ing his horse. 

As we were sitting in the parlor, Mrs. Mudd 
seemed very much worried, so did the Doc- 
tor, and he seemed to be very much excited. 
At this interview Lieutenant Lovett and Mr. 
Williams did most of the talking; I was not 
well. Dr. Mudd said that he had been in 
company with Booth ; that he had been in- 
troduced to him by a man named Thom|> 
son, 1 think he said, at church. He offered 
no explanation of his previous denial. When 
the men left, he said they went up the hill 
toward Parson Wilmers, and I think he said 
he showed them the road. I understood 
him to say that the man's leg was broken 
by the fall of the horse. 

Cross-examined by Mr. Stoxe. 

It was late on Tue.sday evening when we 
were there. Each time that we went to his 
house Dr. Mudd was out, but not far away, 
for he was not long in returning with the 
messenger sent for him. At the first inter- 
view, I askeii if any strangers had passed 
that way, and then if Booth and Herold had 
passed ; I described them to him, and the 
horses they rode, and he denied either that 
any strangers or Booth and Herold had 
passed. The interview only lasted a few 
minutes. 



Booth's portrait was shown to Dr. Mudd. 
He told us that Booth had been down there 
last fall, when he was introduced to him by 
Mr. Thompson. I think he said Booth wan 
there to buy some property. 

Before he came to the house, Mrs. Mudd 
brought us the boot, and when the Doctor 
saw that we had the boot, he admitted that 
Booth had been there. Dr. Mudd then 
brought the razor down himself, and gave it 
to Lieutenant Lovett 

WiLUE S. Jett. 

For the Prosecution. — May 17. 

I was formerly a member of the Ninth 
Virginia Cavalry. More recently, 1 was sta- 
tioned in Caroline County, Virginia, as com- 
missary agent of the Confederate States Gov- 
ernment. 1 was on my way from Fauquier 
County (where I had been with Mosby's 
command) to Caroline County, Virginia, in 
company with Lieutenant Ruggles and a 
young man named Bainbridge. At Port 
Conway, on the Rappahannock, I saw a 
wagon down on the wharf, at the ferry, on 
the Monday week after the assassination of 
President Lincoln. A young man got out of 
it, came toward us, and asked us what com- 
mand we belonged to. We were all dressed 
in Confederate uniform. Lieutenant Ruggles 
.said, " We belong to Mosby's conunand." 
He then said, ''If I am not inquisitive, can 
I ask where you are going?" 1 spoke, then, 
and replied, "That's a secret, where we are 
going." After this we went back on the 
wharf, and a man with crutches got out of 
the wagon. One of us asked him what com- 
mand he belonged to, and he replied, "To 
A. P. Hill's corp.s." Herold told us their 
name was Boyd ; that his brother was wounded 
bi'low Petersburg, and asked if we would 
take him out of the lines. We did not tell 
him where we were going. Herold asked us 
to go and take a drink, but we declined. We 
then rode up to the house there, and having 
tied our horses, we all sat down. Alter we 
had talked a very short time. Herold touched 
me on the shoulder and said he wanted to 
speak to me; he carried me down to the 
wharf, and said, " I suppose you are raising 
a command to go South?' and added that 
he would like to go along with us. At 
length I said, " I can not go with any man 
that I do n t know any thing about." He 
seemed very much agitated, and then re- 
marked, " We are the a.ssassinators of the 
President." I was so much confounded that 
I did not make any reply then that I remem- 
ber. Lieutenant Ruggles was very near, 
watering his horse; 1 called to him, and he 
came tluro, and either Herold or myself re- 
marked to Lieutenant Ruggles that they were 
the a.ssa.ssinator.s of the President. Booth 
then came up, and Herold introduced himself 
to us. and then introduced Booth. Herold 
passed himself off to us first as Boyd, and 



PURSUIT AND CAPTURE OF BOOTH AND HEROLD. 



91 



paid he wanted to pa^s under that name.. 
He afterward told ua their true names were 
Herold and Booth, but tliey kept the name 
of Boyd. Booth, I remember, had on liis 
hand " J.- W. B." We went back then to 
the house, and sat down there some time on 
the steps. Tlien we went across tlie river. 
Booth rode Rugglcs's horse. Herold was 
walking. When we got on the other side of 
the river, before they got out of the boat, I 
got on my horse and rode up to Port Royal, 
went into a house, and saw a lady. I asked 
her if she could take in a wounded Confed- 
erate soldier, just as he represented himself to 
me, for two or three days. She at first con- 
sented; then afterward she said she could 
not. I walked across the street to Mr. Cat- 
litt's, but he was not at home. We then 
went on up to Mr. Garrett's, and there we left 
Booth. Herold and all of us went on up the 
road, then, to within a few miles of Bowling 
C4reen. Bainbridge and Herold went to Mrs. 
Clark's, and Kuggles and myself to Bowling 
Green. The next day Herold came to Bow- 
ling Green, spent the day, had dinner, and 
left in the evening, and that was the last 
I saw of him, except the night that they 
were caught, when I went down there; I 6aw 
him the next morning in the custody of the 
officers. I recognize the prisoner Herold as 
the man that I saw with Booth. 

Cross-examined by Mr. Stoxe. 

Herold said he wanted us to help in get- 
ting Booth further South, but we had no fa- 
cilities; and he seemed a good deal disap- 
pointed after we made known our real object, 
that we were going on a visit. Booth was 
not present when Herold told me they were 
the as.sassinators of the President; when he 
came up, he said he would not have told, 
that he did not intend telling. Herold did 
not appear very self-possessed; his voice 
trembled very much, and he was a good deal 
agitated. His language was, " We are the 
assassinators of the President;" and then, 
pointing back to where Booth was standing, 
lie said, " Yonder is J. Wilkes Booth, the 
man *vho killed the President," or he may 
have said "Lincoln." I have never taken 
the oath of allegiance, but am perfectly will- 
ing to take it. 

EvERTON J. Conger. 
For the Prosecution. — May 17. 

I assisted in the pursuit of the murderers 
of the President. 

JiDGE Advocate. Will you please take up 
the narrative of the pursuit at tiie point where 
you met w^th Willie Jett, and state what oc- 
curred until the pursuit closed. 

WiTNES-s. On the night of the capture, I 
found Jett in bed in a hotel in Bowling Green. 
I told him to get up; that I wanted him. He 
put on his pants, and came out to me in the 
front part of the room. I said, "Where are 



the two men who came with you across the 
river?" He came up to me and said, " Can I 
se.e you alone?" 1 replied, "Yea, sir, you 
can." Lieutenant Baker and Lieutenant 
Doherty were with me. I asked them to go 
out of the room. After they were gone, he 
reached out his hand to me and said, " I know 
who you want, and I will tell you where they 
can be found." Said I, " That's what I want 
to know." He said, " They are on the road 
to Port Royal, about three miles this side of 
that." " At whose house are they ? " I asked. 
"Mr. Garrett's," he replied; "I will go there 
with you and show you where they are now, 
and you can get them. " I said, " Have you a 
horse?" "Yea, sir." " Get it, and get ready 
to go." I said to him, " Y'ou say they are on 
the road to Port Royal ? " " Yes, sir." I said 
to him, " I have just come from there." He 
stopped a moment, and seemed to be consider- 
ably embarrassed. Said he, " I thought you 
came from Richmond. If you have come that 
way, you have come past them. I can not 
tell you whether they are there now or not." 
I said it did not make any difference; we 
would go back and see. He dressed; had his 
horse saddled ; we gathered the party around 
the house together, and went back to Mr. 
Garrett's house. Just before we got to the 
house, Jett, riding with me, said, "We are 
very near now to where we go through ; let ua 
stop here and look around." He and 1 rode 
on together. I rode forward to find the gate 
that went through to the house, and sent 
Lieutenant Baker to open another. I went 
back for the cavalry, and we rode rapidly up 
to the house and baj-n, and stationed the men 
around the house and quarters. 

I went to the house and found Lieutenant 
Baker at the door, telling somebody to strike 
a light and come out. I think the door was 
open when I got there. The first individual 
we saw was an old man, whose name was said 
to be Garrett. I said to him, " Where are 
the two men who stopped here at your 
liouse?" " They have gone." "Gone where?" 
"Gone to the woods." "Well, sir, where- 
abouts in the woods have they gone?" He 
then commenced to tell me that they came 
there witiiout his consent; that he did not 
want them to stay. I said to him, "I do not 
want any long story out of you; I just want 
to know where these men have gone." He 
commenced over again to tell me, and I turned 
to the door and said to one of the men, 
"Bring in a lariat rope here, and I will put 
that man up to the top of one of those locust 
trees." He did not seem inclined to tell. 
One of his sons then came in and said, " Do n't 
hurt the old man; he is scared; I will tell 
you where the men are you want to find." 
Said I, " That is what I want to know; where 
are they?" He said. "In the barn." 

We then left the house immediately and 
went to the barn, and stationed the remaining 
part of the men. As soon as I got there, I 
heard somebody walking around inside on the 



^ 



THE CONSPIRACY TRIAL. 



hay. By that time another Garrett had come 
from somewhere; and Lieutenant Baiter said 
to one of them, " You must go in the barn 
and get the arms from tliose men. " I think 
he made some objection to it; I do not know 
certainly. Bakef said, " They know you, and 
you can go in." Baker said to the men ineide, 
'•We are going to send this man, on wiiose 
premises you are, in to get your arms, and you 
must coa)e out and deliver youi'selves up." I 
do not think there was any thing more said. 
Garrett went in, and" he came out ver}' soon 
and said, " This man says ' Damn you, you 
have betrayed me,' and threatened to shoot 
me. ' I said to him, " How do you know he 
was going to shoot you?" Said he, "He 
reached down to the hay behind him to get 
his revolver, and I came out." I then directed 
Lieutenant Baker to tell them that if they 
would come out and deliver themselves up, 
very well; if not, in five minutes we would 
set the barn on fire. Booth replied: "Who 
/ are you; what do you want; whom do you 
want?" Lieutenant Baker said, "We want 
you, and we know who you are; give up your 
arms and come out." I say Booth ; for I 
presumed it was he. He replied, "Let us 
have a little time to consider it." Lieuten- 
ant Baker said, "Very well;" and some ten 
or fifteen minutes probably intervened between 
that time and any thing further being said. 
He asked again, " Who are you, and what do 
you want ? " I said to Lieutenant Baker, " Do 
not by any remark made to him allow him to 
know who we are; you need not tell him who 
we are. If he thinks we are rebels, or thinks 
we are his friends, we wiW take advantage of 
it; we will not lie to him about it, but we need 
not answer any questions that have any refer- 
ence to that subject, but simply insist on his 
coming out, if he will." The reply was made 
to him, "It don't make any difference who 
we are; we know who you are, and we want 
you; we want to take you prisoners." Said 
he, "This is a hard case; it may be I am to 
be taken by my friends." Some time in the 
conversation he said, "Captain, I know you 
to be a brave man, and I believe you to be 
lionorable; I am a cripple. I have got but 
one leg; if you will withdraw your men in 
'line' one hundred yards from the door, I will 
come out and fight you." Lieutenant Baker 
replied that he did not come there to fight; 
we simply came there to make him a prisoner ; 
we did not want any fight with him. Once 
more after this he said, "If you'll take your 
men fifty yards from the door, I'll come out 
and fight you; gi*e me a chance for my life. " 
The same reply was made to him. His answer 
to that was, in a singular theatrical voice, 
" Well, my brave boys, prepare a stretcher for 
me." 

Some time passed before any further con- 
versation was held with him. In the mean 
time I requested one of the Garretts to pile 
some brusii up against the corner of the barn — 
pine boughs. He put some up there, and after 



awhile came to me and- said, "This mart in 
side says that if I put any more brush in 
tliere he will put a ball tlirough me.' " Very 
well, " said I, "you need not go there again." 
After awhile Booth said, "There's. a man in 
here wantw to come out " Lieutenant liaker 
said " Very well ; let him hand his arms out, 
and come out." Some considerable talk 
passed in the barn; some of it was iieard, 
some not. One of the expressions made use 
of by Booth to Heroid, who was in the barn, 
was, " You damned coward, will you leave 
me now? Go, go; 1 would not iiave you 
stay with me. " Some conversation ensued be- 
tween them, which I supposed had refirence 
to the bringing out of the arm.'j, which was 
one of the conditions on which Heroid was to 
come out. It was not heard ; we could simply 
iiear them talking. He came to the door and 
said, •' Let me out." Lieutenant Baker' said 
to him, "Hand out your arms. ' The reply 
was, "I have none." He said, " You carried 
a carbine, and you must hand it out. ' Booth 
replied, "The arms are mine, and 1 have got 
them'." Lieutenant Baker said, "This man 
carried a carbine, and he must hand it out" 
Booth said, "Upon the word and honor of a 
gentleman, he has no arms; the arms are 
mine, and I have got them." I stood by the 
side of the Lieutenant and said to him, 
"Never mind the arms; if we can get one of 
the men out, let us do it, and wait no longer." 
The door was opened, he stuck out his hands; 
Lieutenant Baker took hold of him, brought 
him out, and pa.ssed him to the rear. I went 
around to the corner of the barn, pulled some 
bay out, twisted up a little of it, about six 
inches long, set fire to it, and stuck it back 
through on top of the hay. It was loose, 
broken-up hay, that had been trodden upon 
the barn-Hoor. It was very light, and blazed 
very rapidly — lit right up at once. 

I put my eye up to the crack next to the 
one the fire was put through, and looked in, 
and I heard something drop on the floor, 
which I supposed to be Booth's crutch. He 
turned around toward me. When I first got • 
a glimpse of him, he stood with his back 
partly to me, turning toward the front door. He 
came back witiiin five feet of the corner of 
the barn. The only thing I noticed he had 
in his hands when he came was a carbine. 
He came back, and looked along the cracks, 
one after another, rapidly. He could not see 
any thing. He looked at the fire, and from 
the expre.ssion of his face, I am satisfied he 
looked to see if he could put it out, and 
was satisfied that he could not do it ; it was 
burning so much. lie dropped his arm, re- 
laxed iiis muscles, turned around, and start- 
ed for the door at the front of the barn. I 
ran around to the other side, and when 
about half round I heard the report of a 
pistol. I went right to the door, and went 
into the barn and found Lieutenant Baker 
looking at Booth, holding him, or raising 
him up, I do not know which. I said to 



PURSUIT AND CAPTURE OF BOOTH AND HEROLD. 



93 



him, "He shot himself." Said lie, "No, he 
did not, either." Said I, "Whereabouts is he 
shot — in the head or neck?" I raised him 
then, and looked on the right side of the 
neck, and saw a place where the blood was 
running out. I said, "Yes, sir; he shot 
himself" Lieutenant Baker replied very earn- 
estly that he did not. I then said, "Let us 
carry him out of here; this will soon be 
burning." We took him up and carried him 
out on the grass, underneath the locust-trees, 
a little way from the door. I went back 
into the barn immediately to see if the fire 
could be put down, and tried somewhat my- 
self to put it out, but I could not; it was 
burning so fast, and there was no water and 
nothing to help with. I then went back. 
Before this, I supposed him to be dead. He 
had all the appearance of a dead man ; but 
when I got back to him, his eyes and mouth 
were moving. I called immediately for some 
water, and put it on his face, and he somewhat 
revived, and attempted to speak. I put my 
ear down close to his mouth, and he made 
several efforts to speak, and finally I under- 
stood him to say, "Tell mother I die for my 
country." I said to him, "Is that what you 
Bay?" repeating it to him. He said, "Yes." 
They carried him from there to the porch of 
Mr. Garrett's house, and laid him on an old 
straw bed, or tick, or something. By that time 
he revived considerably ; he could then talk in 
a whisper, so as to be intelligibly understood; 
he cpuld not speak above a whisper. He 
wanted water; we gave it to him. He wanted 
to be turned on his face. I said to him, 
" You can not lie on your face ; " and he want- 
ed to be turned on his side ; we turned him 
upon his side three times, I think, but he 
could not lie with any comfort, and wanted 
to be turned immediately back. He asked 
me to put my hand on his tliroat and press 
down, which I did, and he said, "Harder." 
I pressed down as hard as I thought neces- 
sary, and he made very strong exertions to 
cough, but was unable to do so — no muscu- 
lar exertion could he make. I supposed he 
thought something was in his throat, and I 
said to him, "Open your mouth and put out 
your tongue, and 1 will see if it bleeds." 
Which he did. I said to him, " There is no 
blood in your throat; it has not gone through 
any part of it there." He repeated two or 
three times, " Kill me, kill me." The reply 
was made to him, "We don't want to kill 
you; we want you to get well." I then took 
what things were in his pockets, and tied 
them up in a piece of paper. He was not 
then quite dead. He would — once, perhaps, 
in five minutes — gasp; his heart would al- 
most die out, and then it would commence 
again, and by a few rapid beats would make 
a slight motion. 1 left the body and the 
prisoner Herold in charge of Lieutenant 
Baker. I told him to wait an hour if Booth 
■was not dead; if he recovered, to wait there 
and send over to Belle Plain for a surgeon 



from one of the gun-ships; and, if he died 
in the space of an hour, to get the best con- 
veyance he could, and bring him on. 

I staid there some ten minutes after that 
was said, when the doctor there said he was 
dead. 

[A knife, pair of pistols, belt, holster, file, pocket com- 
pass, spur, pipe, carbine, cartridges, and bills of exchango 
were shown to the witness.] 

That is the knife, belt, and holster taken 
from Booth ; the pistols I did not examine 
with any care, but they looked like these. 
That is the pocket compass, with the candle 
grease on it, just as we found it; the spur I 
turned over to Mr. Stanton, and I judge this 
to be the one taken from Booth. That is 
the carbine we took ; it is a Spencer rifle, 
and has a mark on the breech by which I 
know it. Both the pistols and carbine were 
loaded. I unloaded the carbine myself in 
Mr. Secretary Stanton's ofiice, and these are 
the cartridges that I took out; there was one 
in the barrel, and the chamber was full. 
These are the bills of exchange; I put my 
initials on them. 

[All these articles were put in eTidence; also the bill of 
exchange in triplicate. The first of the set was read as 

follows :] 

No. 1492. THE ONTAKIO BANK, 

[Stamp.] Montreal Sranch, 

E.VCHANOE FOR £fil 12i. lOcl. 

Montreal, 27 Oct'r, 1864 
Sixty days after sight of this first of exchange, (second 
and third of the same tenor and date unpaid,) pay to the 
order of J. Wilkes Booth sixty-one pounds twelve shil- 
lings and ten pence sterling. Value received, and charge 
to acc't of this office. 
To Messrs. Glynn Mills & Co., London. 

[Signed] H. STANUS, Manager. 

The farm of Mr. Garrett, in whose barn 
Booth was captured and killed, is in Caroline 
County, Va., about three miles from Port 
Royal, on the road to Bowling Green. 

1 had seen John Wilkes Booth in Wash- 
ington, and recognized the man who was 
killed as the same. I had before remarked 
his resemblance to his brother, Edwin Booth, 
whom I had often seen play. 

I recognize among the accused, the man 
Herold, whom we took prisoner on that oc- 
casion, in the barn. We found on Herold a 
small piece of a school map of Virginia, 
embracing the region known as the Northern 
Neck, where they were captured. 

Cross-examined by Mr. Stone. 

We found no arms on Herold. He had 
some conversation with Booth while in the 
barn, in which Booth called him a coward; 
and when the question of delivering up the 
arms was raised. Booth said that the arms 
were all his. When Booth said, "There is 
a man in here who wants to get out," I 
think he added, "who had nothing to do 
with it." 

I think we got to Garrett's barn about 2 
o'clock in the morning, and it was about 
fifteen minutes past 3 that Booth was shot 
and carried out on the grass. 



94 



THE CONSPIRACY TRIAL. 



h'xKo'T Boston Corbett. 
For the Prosecution. — May 17. 

Thr Judob Advocate. Conger has just de- 
tailed to tlie ('ommi.s.sion tlie circunietanceB 
connected with tlie purt^iiit, capture and kill- 
ing of Booth, in which, I believe, you were 
engaged. I will aek you to state what part 
you took in the capture and killing of Booth, 
taking up the narrative at the point when you 
arrived at the house. 

Sergeant Bo.ston Corbett When we rode 
up to the house, my connnanding ofticer, Lieu- 
tenant Doherty, told me that Booth was in 
that house, saying, " I want you to deploy the 
men right and letl around the house, and see 
that no one escapes." Which wasdone. Af^er 
making inquiries at the house, it was found 
that Booth was in the barn. A gUard was 
then left upon the house, and the main por- 
tion of the men thrown around the barn, 
closely investing it, with orders to allow no 
one to escape. We had been previously 
cautioned to see that our arms were in readi- 
ness for use. After being ordered to surren- 
der, and told that the barn would be tired in 
five minutes if he did not do so, Booth made 
many replies. lie wanted to know who we 
took him for; he said that his leg was broken ; 
and what did we want with him ; and he was 
told that it made no ditlerence. His name 
was not mentioned in the whole affair. They 
were told that they must surrender as prison- 
ers. Booth wanted to know when- we would 
take them, if they would give tiieniyelves up 
as prisoners. He received no satisfaction, 
but was told that he must surreruier uncondi- 
tionally, or else the barn would be iired. The 
parley lasted much longer than the time first 
eet; probably a full half hour; but he posi- 
tively declared that he would not surrender. 
Atone time he made the remark, " Well, my 
brave boys, you can prepare a stretcher for 
me;" and at another time, "Well, Captain, 
make quick work of it; shoot me through 
the heart," or words to that ellect ; and thereby 
I knew that he was perfectly desperate, and 
did not expect that he would surrender. 
After awhile we heard the whispering of 
another person — although Booth had pre- 
viously declared that there was no one there 
but himself — who proved to be the prisoner 
Herold. Although we could not distinguish 
the words, Herold seemed to be trying to per- 
suade Booth to surrender. After awhile, he 
Bang out, " <'ertainly," seeming to disdain to 
do so himself Said he, "<'ap, there is a 
man in here who wants to surrender mighty 
bad." Then I suppose words followed inside 
that we could not here. Herold, perhaps, 
thought he had better stand by him, or some- 
thing to that effect. Then Booth said, " O, 
go out and save yourself, my boy, if you can ; " 
and then he said, " 1 declare before my Maker 
that this man here is innocent of any crime 
whatever, ' seeming willing to tjike all the 
blame on himself and trying to clear Herold. 



He was told to hand out his arms. Herold 
declared that he had no arms, and Booth de- 
clared that the arms all belonged to hint, and 
that the other man was unarmed. He was 
finally taken out without iiis arms. 

Immediately after Herold was taken out, 
the detective, Mr. Conger, came round to the 
side of the barn where 1 was, and passing me, 
set fire to the hay through one of the cracks 
of the boards a little to my right I had 
previously said to Mr. Conger, though, and 
also to my commanding otfieer, that the pos- 
shion in which I stood left me in front of 
a large crack — you might put your hand 
through it — and I knew that Booth could 
distinguish me and others through these 
cracks in the barn, and could pick us otJ" if 
he chose to do so. In fact, he made a re 
mark to that effect at one time. Said he, 
''Cap, I could have picked off three or four 
of your men already if 1 wished to do so. 
Draw your men off filty yard.s, and I will 
come out," or such words. He used such 
language many times. Wheri the fire was 
lit, which was almost immediately after, 
Herold was taken out of the barn. As th« 
flame rose, he was seen. We could then dis- 
tinguish him about the middle <ff the barn, 
turning toward the fire, either to put the fire 
out or else to shoot the one who started it; I 
did not know which ; but he was then coming 
toward me, as it were, a little to my right — a 
full front breast view. 1 could have shot hira 

jthen much easier than when I afterward did, 
but as long as he was there, making no dcm- 
onetration to hurt any one, I did not shoot 
him, but kept my eye on him steadily. 

i Finding the fire gaining uf)on liim, he 
turned to the other side of the barn, and got 
toward where the door was, and as he got 
there I saw hini make a movement toward 
the door. 1 supposed he was going to fight 
his way out. One of the men, who was watch- 
ing him, told me that he aimed the carbine at 
me. He was taking aim with the carbine, 
but at whom I could not say. My mind was 
upon him attentively to see that he did no 
harm, and when I became impressed tliat it 
was time 1 shot him, 1 took steady aim on 
my arm, and shot him through a large crack 
in the barn. When he was brought out I 
Ibund that the wound was made in the neck, 
a little back of the ear, and came out a little 
higher up on the other side of the head. 
He lived, I should think, until about 7 o'clock 
that morning; perhaps two or three hours 
after he was shot, 1 did not myself hear 
him speak a word after he was shot, except 
a cry or shout as he fell. Others, who were 
near him and watching him constantly, said 
that he did utter the words which were pub- 1 
lished. 

I recognize the prisoner Herold among the 
accused as the man we took out of the barn. 
I had never seen Booth before, but from a re- 
mark made by my commanding officer, while 
on the boat going down to Belle Plain, that 



PURSUIT AND CAPTURE OF BOOTH AND HEROLD. 



95 



Booth's leg was broken, I felt sure it was 
Booth that I fired at; lor when the men in the 
barn were summoned to surrender, tlie reply 
of the one who spoke was tiiat his leg was 
broken, and that he was alone. I knew also, 
from his desperate language, that he would 
not be taken alive, and such remarks, that it 
was Booth, for I believe no other man would 
act in such a way. 

Cross-examined by Mr. Stone. 

From the conversation in the barn, I judge 
that Herold was at first anxious to surrender, 
and upon Booth's refusing to do so, I rather 
tliouglit he desired to stay with liim ; but I can 
not say whether it was before or after that 
that Booth declared before his Maker that the 
man with him was innocent of any crime 
whatever. 

1 wish to state here, as improper motives 
have been imputed to me for the act I did, 
that I twice offered to my commanding officer. 
Lieutenant Doherty, and once to Mr. Conger, 
to go into the barn and take the man, saying 
that I was not afraid to go in and take him ; 
it was less dangerous to go in and fight him 
than to stand before a crack exposed to his 
fire, where I could not see him, although he 
could see me; but I was not sent in. Im- 
mediately when the fire was lit, our positions 
were reversed; 1 could see him, but he could 
not see me. It was not through fear at all 
that I shot him, but because it was my im- 
pression that it was time the man was shot; 
lor I thought he would do harm to our men 
in trying to fight his way through that den, if 
I did not. 

Capt. Edward Doherty. 
For the Prosecution. — May 22. 

I had command of the detachment of the 
Sixteenth New York Cavalry that captured 
Booth and Herold. 

Jddge Advocate. The circumstances of the 
capture having been fully detailed by other 
witnesses, I will ask you to state the part you 
took, if any, in the capture of the prisoner 
Herold, and all he said on that occasion. 

Wttn'kss. There had been considerable con- 
versation with reference to the arms that Booth 
and Herold had inside of Garrett's barn. 

We requested Booth and Herold to come 
Dut of the barn. Booth at first denied that 
ihere was anybody there but himself, but 
finally he said, " Captain, there is a man here 
who wishes to surrender awful bad." Mr. 
Baker, one of the detectives who was there, 
jaid, " Let him hand out his arms." I stood 
by the door and said, " Hand out your arms 
ind you can come out." Herold replied, " I 
bave no arms. ' Mr. Baker said, "We know 
'xactly what you have got." I said, "We 
liad better let him out. ' Mr. Baker said, 
* No, wait until Mr. Conger comes here." I 
iaid, "No; open that door," directing a man 
U> open the door; " I will take tiiat man out 



myself" The door was opened, and I directed 
Herold to put out his hands; I took hold of 
his wrists and pulled him out of the barn. I 
then put my revolver under my arm and ran 
my hands down him to see if he had any 
arms, and he had none. I then said to him. 
" Have you got any weapons at all about 
you?" He said, "Nothing at all but this," 
pulling out of his pocket a piece of a map of 
Virginia. Just at this time the shot was 
fired and the door thrown open, and I dragged 
Herold into the barn with me. Booth had 
fallen on his back. The soldiers and two de- 
tectives who were there went into the barn 
and carried out Booth. I took charge of 
Herold ; and when I got him outside he said, 
" Let me go away; let me go around here; I 
will not leave; I will not go away." Said I, 
" No, sir." Said he to me, " Who is tljat that 
has been shot in there in the barn ? " " Why," 
said I, "you know well who it is." Said he, 
"No, I do not; lie told me his name was 
Boyd." Said I, "It is Bootli, and you know 
it." Said he, "No, I did not know it; I did 
not know that it was Booth." 

I then took him and tied him by the hands 
to a tree opposite, about two yards from where 
Booth's body was carried, on the verandah 
of the house, and kept him there until we 
were ready to return. Booth in the mean lime 
died, and I sewed him up in a blanket. Previ- 
ous to this I had sent some cavalry for the 
doctor; and we got a negro who lives about a 
mile from there, with a wagon, and put the 
body on board the wagon, and started for Belle 
Plain. 

Herold told me afterward that he met 
this man by accident about seven miles from 
Washington, between II and 12 o'clock on the 
night of the murder. He said that after they 
met they went to Mathias Point, and crossed 
the Potomac there. He did not mention the 
houses at which they stopped. Dr. Stewart's 
house was mentioned by some one as a place 
at which they had stopped, Imt whether it waa 
by Herold or not I do not remember. 

Cross-examined by Mr. Stone. 

Booth said, while in the barn, that he waa 
the only guilty man, and that this man Herold 
was innocent, or words to that eflfect. Herold 
made no resistance after he was captured. t 

Surgeox-General J. K. Barnes. 

For the Prosecution. — May 20. 

I examined the body of J. Wilkes Booth 
after his death, when he was brought to this 
city. He had a scar upon the large mu.-;cle 
of the leftside of his neck, three inches below 
the ear, occasioned by an operation performed 
by Dr. May of this city for the removal of a 
tumor some months previous to Booth's dt^ath. 
It looked like the scar of a burn insteau of 
an incision, which Dr. May explained by the 
fact that the wound waa torn open on the stagtf 
when nearly well. 



96 



THE CONSPIRACY TRIAL. 



DEFENSE OF DAVID E. HEROLD. 



Captain Eli D. Edmonds, U. S. N. — May 27. 

By Mr. Stone. 

I know David E. Herold, one of the pris- 
oners;'! saw him at his home in Washing- 
ton on the 20th and 2l8t of February. I am 
positive in my recollection of it 

Francis S. Walsh. — May 30. 

I reside in Washington, on Eighth Street, 
east. I have known the prisoner, David E. 
Herold, since he was a boy ; have known him 
intimately since October, 1863. I am a 
druggist, and employed Herold as a clerk 
eleven months. During this time, he lived 
in my house, and I knew of nothing ob- 
jectionable in his character. He was light 
and trifling in a great many things, more 
like a boy than a man, but I never saw any 
thing to find fault with in his moral char- 
acter. He was temperate in his habits, and 
regular in his hours. He was easily per- 
suaded and led, more than is usually the 
case with young men of his age ; I considered 
him boyish in every respect I should sup- 
pose him to be about twenty-two years of age. 

James Noees. — May 30. 

By Mr. Stone. 

I have lived in Washington since 1827; 
reside in that part called the Navy Yard. I 
have known the prisoner, Herold, from his 
•birth — about twenty-three years, I believe. 
With his family I have been intimate for 
eighteen or nineteen years; there are seven 
children living, I believe, and he is the only 
boy. 1 have always looked upon him as a 
light and trifling boy; that very little relia- 
bility was to be placed in him ; and I consider 
him more easily influenced by those around 
Jiim than tlie generality of young men of his 
age. I liave never heard him enter into any 
argument on any subject in the world, like 
other young men ; all his conversation was 
light and trifling. 

William H. Keilotz. — May 30. 

By Mr. Stone. 

I have lived next door to Mr. Herold for 
thirteen years, and know the prisoner, David 



E. Herold, well. During last February, I 
was home, my wife being sick, and I saw the 
prisoner a good deal then ; I may have seen 
him every day, except, perhaps, four or five. 
I consider his character very boyish. I see 
him often with boys; he is very fond of 
their company, and never associates with 
men. ^e is fond of eport, gunning, dogs, etc. 

Emma Herold. — May 30. 

By Mr. Stone. 

I am sister of David E. Herold. I know 
that my brother was home on the 15th of 
February last; I remember it from my hav- 
ing sent him a valentine, which he received 
on the 15th; and my sisters talked with him 
about it I also knew that he was at home 
on the 19th of February; it was the Sunday 
after Valentine's day. I remember taking a 
pitcher of water up stairs, and my brother 
met me in the passage and wanted it; but 
I would not give it to him; he then tried to 
take it from me, and we both got wet from 
the water being spilled. He was also at 
home between those day& 

Mrs. Mary Jenkins. — May 30. 

By Mr. Stone. 

I know the prisoner, David E. Herold. 
He was at my house on the 18th of February 
last, and received my rent I have his re- 
ceipt of that date to show it 

Mrs. Elizabeth Potts. — May 30. 

By Mr. Stone. 

I know the accused, David E. Herold. I 
can not say whether he was in Washington 
on the 20th of last February, but I know 
he was there on the lUth, for he came to 
my house for his money. As I was nol 
prepared, I told him I would send it to him 
the next day, whioh I did, and 1 have hi 
receipt for the money, dated the 20th. 

Dk Charles W. Davls. — May 31. 

By Mr. Stone. 

I reside in Washington City, near tli» 
Navy Yard. I was formerly in the Quarter- 
master's Department on General Wool't 



TESTIMONY CONCERNING EDWARD SPANGLER. 



97 



staff. I have known the prisoner, Herold, 
from early boyhood, having lived a great part 
of the time next door. At present I live 
four or five squares off, but I see him fre- 
quently. I do not know that I can describe 
his character in better terms than to say that 
he is a boy; he is trifling, and always has 
been. There is very little of the man about 
him. From what I know of him, I should 
say he is very easily persuaded and led ; I 
should think that nature had not endowed 
him with as much intellect as the generality 
of people possess. I should think his age is 
about twenty-two or twenty-three, but I con- 
eider him far more of a boy than a man. 



Dr. Samuel A. H. McKim. — May 31. 

By Mr. Stone. 

I reside in Washington City, the eastern 
part. I am acquainted with the prisoner, 
Herold; can scarcely say when I did not 
know him; I have known him very well for 
the last six years. I consider him a very 
light, trivial, unreliable boy ; so much so 
that I would never let him put up a prescrip- 
tion of mine if I could prevent it, feeling con- 
fident he would tamper with it if he thought 
he could play a joke on anybody. In 
mind, I consider him about eleven years of 
age. 



TESTIMONY CONCERNING EDWARD SPANGLER. 



Jacob Ritterspaugh. 

For the Prosecution. — May 19. 

I know the prisoner, Edward Spangler. 
He boarded where I did, at Mrs. Scott's, on 
the corner of Seventh and G Streets. He had 
no room in the house; he took his meals 
there, and slept at the theater. He used to 
keep his valise at the house, and when the 
detectives came and asked if Spangler had 
any thing there, I gave it to them. He had 
no clothes chere, nothing but that valise; I 
do not know what it contained. I am com- 
monly called Jake about the theater. 

Recalled for the Prosecution. — May 30. 

I was a carpenter in Ford's Theater down 
to the 14th of April last, and was there on 
that night when the President was shot He 
occupied the upper box on the left-hand side 
of the stage, the right as you come in from 
the front. My business was to shift wings 
on the stage and pull them off, and fetch 
things out of the cellar when needed. 

I was standing on the stage behind the scenes 
on the night of the 14th, when some one 
called out that the President was shot, and 
directly I saw a man that had no hat on run- 
ning toward the back door. 

He had a knife in his hand, and I ran to 
Btop him, and ran through the last entrance, 
and as I came up to him he tore the door 
open. I made for him, and he struck at me 
with the knife, and I jumped back then. He 
then ran out and slammed the door shut. I 
then went to get the door open quick, and I 
thought it was a kind of fast; I could not 
get it open. In a moment afterward I opened 
the door, and the man had just got on his 
horse and was running down the alley; and 
then I came in. I came back on the stage 
where I had left Edward Spangler, and he hit 

7 



me on the face with the back of his hand, 
and he said, " Do n't say which way he went." 
I asked him what he meant by slapping mc 
in the mouth, and he said, " For God's sake, 
shut up; " and that was the last he said. 

The man of whom I speak is Edward 
Spangler, the prisoner at the bar. I did not 
see any one else go out before the man with 
the knife. A tall, stout man went out after 
me. 

Cross-examined hy Mr. Ewino. 

When I heard the pistol fired I was stand- 
ing in the center of the stage, listening to the 
play, and Spangler was at the same place, 
just about ready to shove off the scenes ; I 
stood nearest the door. I am certain we both 
stood there when the pistol was fired. I did 
not at first know what had happened. Some 
one called out " Stop that man; " and then I 
heard some one say that the President was 
shot, and not till then did I know what had 
occurred. When I came back, Spangler was 
at the same place where I had left him. 
There was a crowd in there by that time, both 
actors and strangers. When Spangler slapped 
me there were some of the actors near who 
had taken part in the play; one they called 
Jenny — I do not know what part she took — 
was standing perhaps three or four feet from 
me; I do not know whether she heard what 
he said ; he did not say it so very loud. He 
spoke in his usual tone, but he looked as if 
he was scared, and a kind of crying. I 
heard the people halloo, "Burn the theater!" 
"Hang him and shoot him!" I did not, 
that I know of, tell a number of persons what \ 
Spangler said when lie slapped me. I did not 
tell either of the Messrs. Ford; I told it to 
nobody but Gifford, the boss. At Carroll 
Prison, the same week that I was released, 
I told him that Spangler said 1 should not 



98 



THE CONSPIRACY TRIAL. 



say which way the man went. I told a de- 
tective that Spangler hit me in the month 
with hie open hand. I do not know hie name ; 
he was one of Colonel Baker's men ; had black 
whiskers and moustache, and weighed about 
one hundred and forty pounds, I should think. 
He came up to the house where I board in 
the afternoon of the day on' which I was re- 
leased, and I told him then. 1 have no recol- 
lection of telling any one else, though I might 
have said something at the table, and the rest 
might have heard. 

1 saw Booth open the back door of the 
theater and shut it, but I did not know who 
he was then; I did not see his face right. I 
was the first person that got to the door after 
he left; I opened the door, but did not shut 
it. The big man that ran out after me might 
have been five or six yards from me when I 
heard him, or it might have been somebody 
else, call out, "Which way?" I cried out, 
"This way," and then ran out, leaving the 
door open. By that time the man had got 
on his horse and gone off down the alley. I 
saw the big man outside, and have not seen 
him since. I did not take particular notice 
of him ; but he was a tolerably tall man. It 
might have been two or three minutes after I 
went out till I came back to where Spangler 
was standing, and found him kind of scared, 
and as if he had been crying. I did not say 
any thing to him before he said that to me. 
It was Spangler's place, with another man, to 
shove the scenes on ; he was where he ought to 
be to do the work he had to do. I did not 
hear any one call Booth's name. It was not 
till the people were all out, and I came out- 
side, that I heard some say it was Booth, and 
some say it was not. Spangler and I boarded 
together; we went home to supper together, 
on the evening of the assassination, at 6 
o'clock, and returned at 7. 

William Eaton. 

Recalled /or the Prosecution. — May 19. 

I arrested the prisoner, Edward Spangler, 
in a house on the South-east corner, I think, 
of Seventh and U ; I believe it was his board- 



ing-house. It was the next week after the 
assassination. I did not search him ; my 
orders were to arrest him. 

Charles H. Rosch. 

For the Prosecution. — May 19. 

After the arrest of the prisoner, Ed%vard 
Spangler, 1 went, in company with two of 
the Provost Marshal's detectives, to the 
house on the north-east corner of Seventh 
and H Streets, where he took his meals. 
When we inquired for his trunk, we were 
told that he kept it at the theater; but the 
man at the house handed us a carpet-bag, 
in which we found a piece of rope measure 
ing eighty-one feet, out of which the twist 
was very carefully taken. The bao; was 
locked, but we found a key that unlocked iL 
It contained nothing but the rope, some 
blank paper, and a dirty shirt-collar. I was 
not present when Spangler was arrested. I 
went to his house between 9 and 10 o'clock 
on the night of Monday, April 17. 

Cross-examined by Mr. Ewing. 

It was a man called Jake, apparently a 
German, that told me it was Spangler's bag, 
and that it was all he had at the house. He 
said he worked at the theater with Spangler. 
There were two other persons there, board- 
ers I presume. We got the rope from a 
bed-room on the second floor that faced 
toward the south ; the bag was right near 
where Jake had his trunk. I am satisfied 
that the coil of rope I see here now is the 
same that I took from Spangler's carpet-bag. 

See testimony of 

Jos. Burroughs alias "Peanuts," page 74 

Mary Ann Turner " 75 

Mary Jane Anderson " 75 

James L. Maddox " 75 

Joseph B. Stewart " 79 

Joe Simms " 80 

John Miles " 81 

John E. Buckingham " 73 



J 



DEFENSE OF EDWARD SPANGLER. 



99 



DEFENSE OF EDWARD SPANGLER. 



C. D. Hess. 

For the Defenfse. — May 31. 

By Mr. Ewing. 

I am manager of Grover's Theater, and I 
have been in the habit of seeing John Wilkes 
Booth very frequently. On the day before 
the assassination he came into the office 
during the afternoon, interrupting me and 
the prompter of the theater in reading a 
manuscript. He seated himself in a chair, 
and entered into a conversation on the gen- 
eral illumination of the city that night. He 
asked me if I intended to illuminate. I said 
yes, I should, to a certain extent; but that 
the next night would be my great nigiit of 
the illumination, that being the celebration 
of the fall of Sumter. He then asked, " Do 
you intend to" or " Are you going to invite 
the President?" My reply, I think, was, 
" Yes ; that reminds me I must send that 
invitation.'' I had it in my mind for several 
days to invite the Presidential party that 
night, the 14th. I sent my invitation to 
Mrs. Lincoln. My notes were usually ad- 
dressed to her, as the best means of accom- 
plishing the object. 

Booth's manner, and his entering in the 
way he did, struck me as rather peculiar. 
He must have observed that we were busy, 
and it was not usual for him to come into 
the office and take a seat, unless he was 
invited. He did upon this occasion, and 
made such a point of it that we were both 
considerably surprised. He pushed»the mat- 
ter so far that I got up and put the manu- 
pcript away, and entered into conversation 
with him. 

It is customary in theaters to keep the 
passage-way between the scenes and the 
green-room and the dressing-rooms clear, but 
much depends upon the space there is for 
storing scenes and furniture. 

[The counsel was eliciting from the witness the position 
cf the box usually occupied by the President on visiting 
Grover's Theater, and the nature of the leap that an assas- 
sin would have to make in endeavoring to escape from the 
box, when objection was made to the testimony as irrele- 
▼ant.] 

Mr. Ewing. I wish merely to show that, 
from the construction of Ford's Theater, it 
would be easier for the assassin to effect hi? 
escape from Ford's Theater than it would he 
from Grover's. The purpose is plainly to 
fihow that Ford's Theater was selected by 
Booth, and why Ford's Theater is spoken of 
by him as the one where he intended to 
capture or assassinate the President, and to 
relieve the employees of Ford's Theater, Mr. 
Spangler among them, from the imputation 
■which naturally arises from Booth's selecting 



that theater as the one in which to commit 
the crime. 

The Commission sustained the objection. 

H. Clay Ford. 

For the Defense. — May 31. 

By Mr. Ewing. 

On the 14th of April last I was treasurer 
of Ford's Theater. I returned to the theater 
from my breakfast about half-past 11 o'clock 
that day, when my brother, James R. Ford, 
told me that the President had enjiaged a 
box for that night. John Wilkes Booth was 
at the theater about half an hour afterward. 
I do not know that the fact of the Presi- 
dent's going to the theater that night was 
communicated to Booth, but I think it is 
very likely he found it out while there. I 
saw him going down the street while I was 
standing in the door of the theater; as he 
came up he commenced talking to the parties 
standing around. Mr. Raybold then went 
into the theater and brought him out a let- 
ter that was there for him. He sat down on 
the steps and commenced reading it. This 
was about 12 o'clock. He staid there per 
haps half an hour. I went into the office, 
and when 1 came out again he was gone. 

I told Mr. Raybold about fixing up and 
decorating the box for the President that 
night, but he had the neuralgia in his face, 
and I fixed up the box in his place. I found 
two flags in the box already there, which I 
got Mr. Raybold to help me put up. An- 
other flag I got from the Treasury Depart- 
ment. It was the Treasury regimental flag. 
I put this blue regimental flag in the center, 
and the two American flags above. There 
was nothing unusual in the decorations of 
the box, except the picture of Washington 
placed on the pillar in the middle of the 
box. This had never been used before. We 
usually used small flags to decorate the box; 
but as General Grant was expected to come 
with the President, we borrowed this flag 
from the Treasury regiment to decorate 
with. 

The furniture placed in tlie box consisted 
of one chair brought from the stage and a 
sofa, a few chairs out of the reception-room, 
and a rocking-chair, which belonged to the 
same set, I had brought from my bed-room. 
This chair had been in the reception-room, 
but the ushers sitting in it had greased it 
with their hair, and I had it removed to my 
room, it being a very nice chair. The only 
reason for putting that chair in the box was 
that it belonged to the set, and I sent for it 
to make the box as neat as possible 



100 



THE CONSPIRACY TRIAL. 



T received no suggestions from any one as 
to the decoration of the box, excepting from 
Mr. liayhoM and the gcntlenuin wiio brouglit 
tlie flag from tlie Trea?nrv Department. 

All that Spangler had to do with the box 
was to take the {)artition ont. Tliere are two 
boxes divided by a partition, wliich, when 
tlie President attended the theater, was al- 
ways removed to make the box into one. 
Spangler and the other carpenter, Jake, re- 
moved it. The President had been to the 
theater, I suppose, about six times during the 
winter and spring; three or four times during 
Mr. Forrest's engagements, and twice during 
Mr. Clark's engagement. These are the 
only times 1 remember. 

I did not direct Spangler with respect to 
the removal of the partition; I believe Mr. 
Kaybold sent for him. While we were in 
the box Spangler was working on the stage; 
I think he had a pair of flats down on the 
stage, fixing them in some way. I called for 
a hammer and nails; he threw up two or 
three nails, and handed me the hammer up 
from the stage. 

Spangler, of course, knew that the Presi- 
dent was coming to the theater that evening, 
as he assisted in taking out the partition. 

In decorating the box I used my penknife 
to cut the strings to tie up the flags, and left 
it there in the box. 

Three or four times during the season 
Booth had engaged box No. 7, that is part 
of the President's box, being the one nearest 
the audience. He engaged uo other box. 

During the play that evening, the " Ameri- 
can Cousin," I was in the ticket-office of the 
theater. I may have been out on the pave- 
ment in front two or three times, but I do 
not remember. I did not see Spangler there. 
I never saw Spangler wear a moustache. 

Oross-examined by Assistant Judge Advocate 
Bingham. 

None of the other boxes were occupied on 
the night of the President's assassination, 
and I do not remember any box being taken 
on that night. I certainly did not know 
that the boxes were applied for, for that even- 
ing, and that the applicants were refused and 
told that the boxes were already taken. The 
applicants did not apply to me. Booth did 
not apply to me, or to any one, for those 
boxes, to my knowledge, nor did any one else 
for him. There were four of us in the office 
who sold tickets. There were not, to my 
knowledge, any applications for any box ex- 
cept the President's. There may have been 
applications without my knowledge. 

I know nothing of the mortise in the wall 
behind the door of the President's box. I 
heard of it afterward, hut have never seen it, 
nor did I see the bar said to have been used 
*0 fasten the door, nor did 1 see the hole 
bored through the first door of the Presi- 
dent's box, though I have since heard there 
was one. I have not been in the box since. 



The screws of the keepers of the lock to 
the President's box, I understand, were burst 
some time ago. They were not, to my 
knowledge, drawn that day, and left so that 
the lock would not hold the door on its be- 
ing slightly pressed. It was not'done in my 
presence, and if it was done at all, it waa 
without my knowledge. 

1 do not remember any conversation witii 
Mr. Ferguson before the day of the assassin- 
ation about decorating the theater in celebra- 
tion of some victory. 

By Mr. Aiken. 

The letter that Booth received on the day 
of the assassination, and read on the steps 
of the theater, was a long letter, of either 
four or eight pages of letter-paper — whether 
one or two sheets I do not know, but it was 
all covered with writing. He sat on the 
steps while reading his letter, every now and 
then looking up and laughing. It was while 
Booth was there that 1 suppose he learned 
of the President's visit to the theater that 
evening. There were several around Bootii, 
talking to him. Mr. Gittbrd was there; Mr. 
Evans, an actor, and Mr. Grillet, I remem- 
ber, were there at the time. 

The President's visit to the theater that 
evening could not have been known until 12 
o'clock, unless it was made known by some 
one from the Executive Mansion. It was 
published in the Evening Star, but not in 
the morning papers. 

I am not acquainted with John H. Surratt 

[Photograph of John H. Surratt exhibited to the wit- 
ness.] 

I never saw that person that I know of 
By Mb. Ewino. 

I have never, to my knowledge, seen the 
prisoner, Herold. 

The mortise in the passage-way was not 
noticed by me; the passage was dark, and 
when the door was thrown back against the 
wall, as it was that day, I should not be 
likely to notice it had it been there at that 
time. Had the small hole been bored in 
the door, or had the screws been loosened, it 
is not likely I should have noticed them. 

By the Court. 

I might have stated in the saloon on Tenth 
Street that the President was to be at the 
theater that evening, and also that General 
Grant was to be there. 

jAifKS R Ford. 

For the Defense. — May 30. 

By Mr. Ewino. 

At the time of the assassination, I waa 
business manager of Ford's Theater. I was 
first apprised of the President's intended visit 
to the theater on Friday morning, at half- 
past 10 o'clock. A young man, a messenger 
from the White House, came and engaged 

i 



DEFENSE OF EDWARD SPANGLER. 



101 



the box. The President had been previously 
invited to the theater that night, and I had 
no knowledge of his intention to visit the 
theater until the reception of that message. 
1 saw John Wilkes Booth about half-past 
12, two hours after I received this informa- 
tion. I saw him as 1 was coming from the 
Treasury Building, on the corner of Tenth 
and E Streets. I was going up E Street, 
toward Eleventh Street; he was coming 
f'ronj the direction of the theater. 

Q. State whether, upon any occasion, you 
have had any conversation with Booth as to 
the purchase of lands, and, if so, where? 

Assistant Judge Advocate Bingham. I ob- 
ject to the question. 

Mr. EwiNG. Testimony has already been 
admitted on that point. 

Assistant Judge Advocate Bingham. I 
know, but it is unimportant as to this man; 
there is no question about this man in the 
case. 

Mr. EwiNO It is very important as to one 
of the prisoners. 

Assistant Judge Advocate Bingham. This 
witness can not be evidence for any human 
being on that subject, no matter what Booth 
said to him about it. I object to it on the 
ground that it is entirely incompetent, and 
has nothing in the world to do with the case. 
If this witness had been involved in it, I ad- 
mit it might be asked, with a view to excul- 
pate him from any censure before the public. 

Mr. EwiNG. The Court will recollect that 
in Mr. Weichman's testimony there was evi- 
dence introduced by the prosecution of an 
alleged interview between Dr. Mudd and 
Booth at the National Hotel, in the middle 
of January, which was introduced as a circum- 
stance showing his connection with the con- 
spiracy, which Booth is supposed to have 
then had on foot. The accused. Dr. Mudd, 
is represented to have stated that the con- 
versation related to the purchase of his lands 
in Maryland. I wish to show by this wit- 
ness that Booth spoke to him frequently, 
tlirough the course of the winter, of his 
speculations, of his former speculations in 
oil lands, which are shown to have been 
actual speculations of the year before, and 
of his contemplating the investment of money 
in cheap lands in Lower Maryland. The 
effect of the testimony is to show that the 
statement, which has been introduced against 
the accused. Dr. Mudd, if it was made, was 
nbona Jide statement, and related to an actual 
pending offer, or talk about the sale of his 
farm to Booth. 

Assistant Judge Advocate Bingham. The 
only way, if the Court please, in which they 
can do any thing in regard to this matter of 
the declaration of Mudd, if it was made, 
(and, if it was not made, of course it docs 
not concern anybody,) is simply to show by 
legitimate evidence that there was such a ne- 
gotiation going on between himself and Booth. 
The point I make is, that it is not legitimate 



evidence, or any evidence at all,' to introduce 
a conversation between Booth and this wit- 
ness at another time and place. It is no 
evidence at all, it is not colorable evidence, 
and the Court have nothing in the world to 
do with it. It would be impossible to ask 
the witness any questions that would be more 
irrelevant or incompetent than the question 
that is now asked him. 

Mr. EwiNG. I will state to the Court 
further that it has already received testimony, 
as explanatory of the presence of Booth in 
Charles County, of his avowed object in 
going there — testimony to which the Judge 
Advocate made no objection, and which he 
must have then regarded as relevant. This 
testimony is clearly to that point of explana- 
tion of Booth's visit in Lower Maryland, as 
well as an explanation of the alleged conver- 
sation with Mudd in January. 

Assistant Judge Advocate Bingham. The 
diflf'erence is this: the defense attempted to 
prove negotiations in Charles County, and 
we thought we would not object to that; but 
this is another thing altogether. It is an 
attempt to prove a talk, irrespective of time 
or^place, or any thing else. 
- The Commission sustained the objection. 

By Mr. Ewing. 

Q. Do you know any thing of the visit 
made by Booth into Charles County last 
fall 1 

A. He told me 

Assistant Judge Advocate Bingham objected 
to the witness giving the declarations of 
Booth. 

The Witness. I have never known Booth 
to go there. 

Q. Have you ever heard Booth say what 
the purpose of any visit which he may 
have made last fall to Charles County 
was ? 

Assistant Judge Advocate Bingham renewed 
his objection. 

The Commission sustained the objection. 

By Mr. Aiken. 

The notice in the Evening Star that an- 
nounced the President's intended visit to the 
theater, also said that General Grant would 
be there. 

By Assistant Judge Advocate Burnett 

I wrote the notice for the Star in the 
ticket-office of the theater about half-past 
11 or 12 o'clock, and sent it to the office 
immediately ; I at the same time carried one 
myself to the National Republican. The 
notice appeared in the Star about 2 o'clock. 
Before writing the notice I asked Mr. Phil- 
lips, an actor in our establishment, who was 
on the stage, to do it; he said he would after 
he had finished writing the regular adver- 
tisements. I also spoke to my younger 
brother about the propriety of writing it. I 
had not seen Booth previous to writing the 



102 



THE CONSPIRACY TRIAL. 



notice, nor do I remember speaking to any 
one else about it. 

By Mil. Aiken. 

I had sent tlie notice to the Star office 
before seeing Booth. 

[Exhibiting the photograph of John II. Surratt.]' 

I do not know Surratt I never remember 
seeing him. 

Jolin McCullough, tlie actor, left tliis city 
the fourth week in January. He returned 
with Mr. Forrest at his last engagement. I 
do not know exactly wlien, but about the 
1st of April. 

JoHy T. Ford. 

For the Defense. — May 31. 

1 reside in Baltimore, and am proprietor 
of Ford's Theater in the city of Washing- 
ton. The prisoner, Edward Spangler, has 
been in my employ three or four years at 
intervals, and over two years continuously. 

Spangler was employed as a stage hand, 
frequently misrepresented as the stage-car- 
penter of the theater. He was a laborer to 
assist in shoving the scenery in its place, 
as the necessity of the play required. These 
were his duties at night, and during the day 
to assist in doing the rough carpenter work 
incidental to plays to be produced. 

Q. State wiiether or not his duties were 
Buch as to require his presence upon the 
stage during the whole of a play. 

A. Strictly so ; his absence for a moment 
might imperil the success of a play, and 
cause dissatisfaction to the audience. It is 
very important to the effect of a play that 
the scenery should be well attended to in all 
its changes; and he is absolutely important 
there every moment from the time the cur- 
tain rises until it falls. There are intervals, 
it is true, but he can not judge how long or 
how brief a scene may be. 

On Friday, the day of the assassination, I 
was in Richmond. Hearing of the partial 
destruction of that city by fire, I went there, 
anxious to ascertain the condition of an 
uncle, a very aged man, and my mother-in- 
law. 1 did not hear of the assassination 
until Sunday night, and then 1 heard that 
Edwin Booth was cliarged with it. On Mon- 
day morning I started for Washington by 
the 6 o'clock boat. While on the boat I saw 
the Richmond Whig, wliich confirmed the 
report I had heard of the assassination on 
Sunday night. 

During the performance of the "American 
Cousin," Spangler's presence on the stage 
would be necessary. The first scene of the 
third act is quick, only of a few moments' 
duration. The second scene is rather a long 
one, longer perhaps than any other scene in 
that act, probalily eight, ten, or twelve minutes 
long. Spangler's presence would be neces- 
sary unless positively informed of the dura- 
tion of the scene. 



I The second act depends very much upon 
the action and the spirit of the actors en- 
' gaged in it. Sometimes it is much more 
rapid than at others. In the second act I 
hardly think there is an inteival of more 
than five or eight minutes between the times 
that Spangler would have to move the scenes. 
His constant presence upon the stage would 
be absolutely necessary if he attended to his 
duties. 

In the intervals between the scenes, lie 
should be preparing for the next change, to 
be ready at his scene, and to remain on the 
side where the stage-carpenter had assigned 
him his post of duty ; besides, emergencies 
oflen arise during an act that require extra 
services of a stage hand. 

J. B. Wright was the stage-manager, 

James J. Gifiord the stage-carpenter. The 

j stage-manager directs, the stage-carpenter 

j executes the work belonging to the entire 

'stage. The duty of keeping the passage-way 

I clear and in a proper condition belongs to 

jGiflbrd's subordinates, the stage hands who 

j were on the side where this passage is. It is 

the duty of each and every one to keep the 

passage-way clear, and is as indispensable as 

keeping the front door clear. The action of 

the play might be ruined by any obetruction 

or hinderance there. 

My positive orders are to keep it always 
clear and in the best order. It is the pae- 
sage-way.used by all the parties coming from 
the dressing-rooms. Where a play was per- 
formed like the "American Cousin," the 
ladies were in full dress, and it was abso- 
lutely necessary tliat there should be no 
obstruction there, in order that the play 
should be properly performed. Coming from 
the dressing-rooms and the green-room of the 
theater, every one had to use that passage. 
The other side of the stage was not used 
more than a third as much, probably. Most 
of the entrances by the actors and actresses 
are made on the prompt side; but many are 
essential to be made on the O. P. side. By 
entrances to the stage, I mean to the pres- 
ence of the audience. The stage-manager 
was a very exacting man in all those details, 
and 1 have always found the passage clear, 
unle.<«8 there was some spectacular play, in 
which he rc<}uired the whole spread of the 
stage. Then at times it would be partly in- 
cumbered, but not enough so to prevent the 
people going around the stage, or going to 
the cellar-way and underneath, and passing 
to the other side by way of the cellar. 

The "American Cousin ' was a very plain 
play ; no obstruction whatever could be ex- 
cused on account of that play; it was all 
what we call flats, except one scene. The 
flats are the large scenes that cross the 
stage. 

The prompt side, the side on which the 
prompter is located, is the position of the 
stage-carpenter, and opposite to where 
Spangler worked, which is on the 0. P. side, 



DEFENSE OP EDWARD SPANGLER. 



103 



opposite the prompter's place. Keeping the 
passage-way clear would not be a duty of 
Spanglei-'s, unless he was specially charged 
with it. 

Spangler, I know, considered Baltimore 
his home. He buried his wife there about a 
year ago, or less, while in my employ. He 
usually spent his summer months there, 
during the vacation of the theater, chiefly in 
crab-fishing. I have understood he was a 
great crab-fisher; we used to plague him 
about it. 

[Exhibiting a coil of rope found at Spangler's boarding- 
house, in his carpet-bag.] 

That rope might be used as a crab-line, 
though it is rather short for that purpose. 
Professional crab-fishers use much longer 
ropes than this, four hundred or five hun- 
dred feet long, though I have seen ropes as 
short as this, which I understand is eighty 
feet, used by amateurs in that sport. The 
rope is supported by a buoy, and to it are 
attached smaller ropes or lines. 

Spangler seemed to have a great admira- 
tion for J. Wilkes Booth ; I have noticed 
that in my business on the stage with the 
stage-manager. 

Booth was a peculiarly fascinating man, 
and controlled the lower class of people, 
such as Spangler belonged to, more, I sup- 
pose, than ordinary men would. Spangler 
was not in the employ of Booth, that I know, 
and only since the assassination have I heard 
that he was in the habit of waiting upon 
him. I have never known Spangler to wear 
a moustache. 

I have known John Wilkes Booth since 
his childhood, and intimately for six or seven 
years. 

Q. State whether you have ever heard 
Booth speak of Samuel K. Chester, and, if 
80, in what connection and where. 

Assistant Judge Advocate Bingham. I 
object to any proof about what he said in 
regard to Chester. 

Q. [By Mr. Ewing.] State whether or 
not Booth ever applied to you to employ 
Chester, who has been a witness for the pros- 
ecution, in your theater. 

Assistant Judge Advocate Bingham. That 
I object to. It is certainly not competent to 
introduce declarations of Booth made to any- 
body in the absence of a witness that may 
be called, relative to a transaction of his, to 
affect him in any way at all. I object to it 
as wholly incompetent. 

Mr. Ewing. It is not J,o attack Chester, 
may it please the Court, that I make this 
inquiry, but rather to corroborate him; to 
show that Booth, while manipulating Ches- 
ter to induce him to go into a con.«piracy for 
the capture of the President, was actually at 
the same time endeavoring to induce Mr. 
Ford to employ Chester, in order that he 
might get him here to the theater and use 
him as an instrument; and it goes to affect 
the case of several prisoners at the bar — the 



case of the prisoner, Arnold, who in his con- 
fession, as orally detailed here, stated that the 
plan was to capture the President, and Ches- 
ter corroborates that; and also to assist the 
case of the prisoner, Spangler, by showing that 
Booth was not able to get, or did not get, in 
the theater any instruments to assist him in 
the purpose, and was endeavoring to get 
them brought there — men that he had pre- 
viously manipulated. I think it is legiti- 
mate. 

Assistant Judge Advocate Bingham. Noth- 
ing can be clearer, if the Court please, than 
that it is utterly incompetent. It is not a 
simple question of relevancy here; it is ab- 
solute incompetency. A party who conspires 
to do a crime may approach the most up- 
right man in the world with whom he haa 
been, before the criminality was known to 
the world, on terms of intimacy, and whose 
position in the world, was such that he might 
be on terms of intimacy with reputable gen- 
tlemen. It is the misfortune of a man that 
is approached in that way; it is not his 
crime, and it is not colorably his crime 
either. It does not follow now, because 
Booth chose to approach tkis man Chester, 
that Booth is therefore armed with the 
power, living or dead, to come into a court 
of justice ^nd prove on his own motion, or 
on the motion of anybody else, what he may 
have said touching that man to third per- 
sons. The law is too jealous of the reputa- 
tion and character of men to permit any 
such proceedings as that. 

The Commission sustained the objection. 

Q. Do you think that the leap from the 
President's box upon the stage would be at 
all a difl[icult one for Booth ? 

A. I should not think so; I have seen 
him make a similar leap without any hesi- 
tation, and I am aware that he usually in- 
troduced such a leap into the play of "Mac- 
beth."' 

Q. Do you think, then, from your know- 
ledge of the phj^sical powers of Booth, that 
that leap waa one that he would not need to 
rehearse ? 

A. I should not think a rehearsal of it waa 
needed. He was a very bold, fearless man; 
he always had the reputation of being of 
that character. He excelled in all manly 
sports. We never rehearse leaps in the thea- 
ter, even when they are necessary to the 
action of the play ; they may be gone over 
the first time a play is performed, but it is 
not usual. Booth had a reputation for being 
a great gymnast. He introduced, in some 
Siiakspearian plays, some of the most extra- 
ordinary and outrageous leaps — at least they 
were deemed so by the critics, and were con- 
demned by the press at the time. 

I saw him on one occasion make one of 
these extraordinary leaps, and the Baltimore 
Sun condemned it in an editorial the next 
day — styling him " the gymnastic actor." 
It was in the play of "Macbeth," the en- 



104 



TUE CONSPIRACY TRIAL. 



trance to the witch scene; he jumped from 
a high rock down on the stage, as higli or 
perhaps higher tlian the box; 1 tliink nearly 
as high as from the top of the scene; and he 
made the leap with apparent ease. 

Booth was in the habit of frequenting 
Fords Theater at Washington. 1 seldom 
visited the theater but what 1 found liim 
about or near it, during the day, wliile I was 
there. I usually came down to the theater 
three days a week, devoting the other three 
to my business in Baltimore, and being there 
between the hours of 10 and 3. 1 would 
nearly always meet Booth there when he 
was in the city. He had his letters directed 
to the theater, and that was the cause of 
his frequent visits there, as I thought then. 
The last time I saw Booth was some two or 
three weeks before the assassination. 

The last appearance of John McCuUough 
at my theater in Washington was on the 18th 
of March, the night, 1 believe, when the 
''Apostate " was played. Mr. McCullough 
always appears with Mr. Forrest, and he has 
since appeared in New York. 

Cross-examined by Asslstant Judge Advocate 
Bingham. 

I can not state positively that the private 
boxes are locked when not in actual u.se; 
that is our custom in Baltimore. Mr. Gif- 
ford, who had control of the whole theater, 
is the responsible party whom I should 
blame for any thing wrong about the boxes. 
We keep the boxes locked, and the keys in 
the box-office ; here, I understand, the custom 
J8 for the ushers to keep the keys. James 
O'Brien was the usher of the dress-circle, 
and James R. Ford and Henry Clay Ford 
were the parties authorized to sell tickets for 
those boxes that day. 

Q. Do you know as a fact that none of 
the boxes were occupied that night, except 
that occupied by the President? 

A. I have only heard so. 

Q. Is the play of the "American Cousin ' 
a popular one? Does it attract considerable 
audiences ? 

A. It was, when originally produced, an 
exceedingly attractive play ; of late years it 
has not been a strong card, but a fair at- 
traction. 

Q. Is it not a very unusual thing, when 
such plays are produced, for your private 
boxes to be entirely empty? 

A. Washington is a very good place for 
selHng boxes usually. They are generally in 
demand, and nearly always two or three 
boxes are sold. 

Q., Can you recall any occasion on which 
a play, so popular and attractive as that was, 
presented when none of your private boxes, 
save tl»e one occupied by the President, was 
used 7 

A. I remember occasions when we sold 
no boxes at all, and had quite a full house — 
a good audience; but those occasions were 



I rare. My reason for constructing so many 
boxes to this theater was, that usually pri- 
vate boxes were in demand in Washington — 
more so than in almost any other city. It 
is not a favorable place to see a performance, 
but it is a fasiiionable place here to which 
to take company. 

Recalled for the Defense. — June 9. 

By Mr. Ewixg. 

I have known Edward Spangler for nearly 
four years. He has been in my employ most 
of that time. He was always regarded as a 
very good-natured, kind, willing man. Hie 
only fault was in occasionally drinking more 
liquor than he should have done, not so as 
to make him vicious, but more to unfit him 
to work. Since he has been in my employ 
I never knew him to be in but one quarrel, 
and that was through drink. He was always 
willing to do anything, and was a very good, 
efficient drudge. He was considered a very 
harmless man by the company around the 
theater, and was often the subject of sport 
and fun. I do not think he was intrusted 
with the confidence of others to any extent 
He had not many associates. He had no 
self-respect, and was a man that rarely slept 
in a bed; he usually slept in the theater. 
I never knew any thing of his political senti- 
ments in this city; never heard from him an 
expression of partisan or political feeling. 
In Baltimore he was known to be a member 
of the American Order. 

By Mr. Clampitt. 

I never met J. Z. Jenkins except in Carroll 
Prison. 

Joseph S. Sessford. 
For the Defense. — June. 3. 

I was seller of tickets at Ford's Theater. 
My business commenced about half-past 6 in 
the evening. 

None of the private boxes, except that 
occupied by the party of the President, were 
applied for on the evening of the assassina- 
tion, nor had any been sold during the day 
that 1 know of 

\ViLLiAM Withers, Jr. 

Recalled for the Defense. — May 31. 

By Mr. Ewing. 

The door leading into the alley from tlie 
passage was shut when Booth rushed out. 
After he made the spring from the box, and 
ran across the stage, he made a cut at me, 
and knocked me down to the first entrance ; 
then 1 got a side view of him. The door was 
shut, but it opened very easily ; 1 saw that 
distinctly. lie made a plunge right at the 
knob of the door, and out he went, and pulled 
the door aller him. He swung it as he went 
out I did not see Booth during the dav. 



DEFENSE OF EDWARD SPANGLER. 



105 



Henry M. James. 

For the Defense. — May 31. 
By Mr. Ewing. 

I was at Ford's Theater on the night of 
the assassination. When the sliot was fired, 
I was standing ready to draw off the flat, 
and Mr. Spangler was standing right opposite 
to me on the stage, on the same side as 
the President's box, about ten feet from me. 
From his position he could not see the box, 
nor the side of the stage on wliich Bootli 
jumped. 1 had frequently during the play 
seen Spangler at his post I saw no one 
with him. The passage-way was clear at 
the time; it was our business to keep it clear; 
it was more Spangler's business than mine. 

I saw Spangler when the President entered 
the theater. When the people applauded on 
the President's entry, he applauded with 
them, with both hands and feet. He clapped 
liis hands and stamped his feet, and seemed 
as pleased as anybody to see the President 
come in. 

1 did not see Jacob Ritterspaugh near 
Spangler that evening. He might have been 
there behind the scenes, but I did not see 
him. I can not say how long 1 staid in 
my position after the shot was fired; it might 
have been a minute. I did not see Spangler 
at all after that happened. 

By Assistant Judge Advocate Bingham. 

Jacob Ritterspaugh was employed there, 
and it was his business to be there behind 
the scenes, though I did not see him. 

J. L. Debonat. 

For the Defense. — May 31. 

By Mr. Ewing. 

I was playing what is called "responsible 
utility" at Ford's Theater at the time of 
the assassination. On the evening of the 
assassination. Booth came up to the alley 
door and said to me, "Tell Spangler to 
come to the door and hold my horse." I did 
not see his horse. I went over to where 
Mr. Spangler was, on the left-hand side, at 
his post, and said, " Mr. Booth wants you to 
hold his horse." He then went to the door 
and went outside, and was there about a 
minute, when Mr. Booth came in. Booth 
asked me if he could get across the stage. I 
told him no, the dairy scene was on, and he 
would have to go under the stage and come 
up on the other side. About the time that 
he got upon the other side, Spangler called 
to me, "Tell Peanut John to come here and 
hold this horse; 1 have not time. Mr. 
Giftbrd is out in the front of the theater, and 
all the responsibility of the scene lies upon 
me." I went on the other side and called 
John, and John went there and held the 
horse, when Spangler came in and returned 
to his post 



I saw Spangler three or four times that even- 
ing on the stage in his proper position. I saw 
him about two minutes before the shot was 
fired. He was on the same side I was on — 
the same side as the President's box. About 
five minutes after the shot was fired I again 
saw Spangler standing on the stage, with a 
crowd of people who had collected there. 

I saw Booth when he made his exit. I 
was standing in the first entrance on the 
left-hand side. When he came to the center 
of the stage, I saw that he had a long knife 
in his hand. It seemed to me to be a double- 
edged knife, and looked like a new one. He 
paused about a second, I should think, and 
then went off at the first entrance to the 
right-hand side. I think he had time to get 
out of the back door before any person was 
on the stage. It was, perhaps, two or three 
seconds after he made his exit before I saw 
any person on the stage in pursuit. The 
first person I noticed was a tall, stout gentle- 
man, with gray clothes on, I think, and I 
believe a moustache. Booth did not seem 
to run very fast across the stage; he seemed 
to be stooping a little when he ran off. 
The distance he ran would be about thirty- 
five or forty feet; but he was off the stage 
two or three seconds before this gentleman 
was on, and of the two, I think Booth was 
running the fastest. 

By Mr. Aiken. 

I was at the theater at 12 o'clock that 
day. I did not see Booth there. 

Jtecalled for the Prosecution. — June 13. 

When the shot was fired on the night of 
the assassination, I was standing on the left- 
hand side of the first entrance, the side the 
President's box was on. About a minute and 
a half or two minutes after Mr. Stewart left 
the stage, or about time to allow of his getting 
to the back door, I saw Spangler shove the 
scene back to give the whole stage to the 
people who came on. I do not know who 
assisted him. Spangler then came to the 
front of the stage with the rest of the people. 
There was then a cry for water. I started 
to the green-room, and he came the same 
way. About a half dozen of us went to get 
some water to carry it to the private bo.x. 

When Booth wanted Spangler to hold his 
horse, and I went over to tell him, Spangler 
and Sleichman were standing close to each 
other on the opposite side of the stage, the 
side of the President's box. Spangler then 
left; I saw him go out to Booth, and in about 
a minute or a minute and a half Booth came 
in. 

I heard no conversation between Spangler 
and Booth. Booth met Spangler at the door, 
and was standing at the door on the outside; 
the door was about half open when Spangler 
went out. If any person had followed Span- 
gler I should have seen him. I was half-way 
between the back door and the greeu-room, 



106 



THE CONSPIRACY TRIAL. 



about eighteen or twenty feet distant, I sup- 
pose. Booth, when he came in, went under 
the stage to the opposite side, and went out 
of the side door; I went under the stage and 
crossed with him. I did not see him speak 
to any one. I was in front of the theater 
about five minutes before the assassination; 
I did not see Spangler there. 

I have known Spangler for about six 
months. I have never seen him wear a mous- 
tache. He is a man that has been a little 
dissipated a considerable portion of his time — 
fond of spreeing round. He is free in con- 
versation, especially when in liquor. 

Cross-examined by the Judge Advocate. 

When Booth passed under the stage, he 
went through the little side passage, level with 
the lower floor of the theater, that leads out 
into Tenth Street; that side passage also 
leads up to Mr. Ford's room. I went out 
through that passage to the front of the 
theater, and returned by the same way, and 
had taken my place on the stage when the 
pistol was tired. I was not doing any thing, 
but was leaning up against the corner of the 
scene at the time. We were waiting for the 
curtain to drop. Mr. Harry Hawk was on 
the stage at the moment, playing in a scene. 

jBy Mr. Ewing. 

I played in the piece, taking the part of 
John Wigger, the gardener. 

William R. Smith. 

For the Defense. — June 2. 

By Mr. Ewing. 

I am Superintendent of the Botanical Gar- 
den. Washington. I was in Ford's Theater 
at the time of the assassination. I saw J. 
Wilkes Booth pass off the stage, and Mr. 
Stewart get on it. Mr. Stewart was among 
the first to get on ; but my impression is that 
Booth was ofl" the stage before Mr. Stewart 
got on it. I did not notice him after he got 
on the stage. 

J. P. Ferguson. 

Recalled for the Defense. — May 31. 

I saw the gentleman who first got upon the 
stage after Booth got off He was a large 
man, dressed in light clothes, with a mous- 
tache. This gentleman was the first that got 
upon the stage, and I suppose it was probably 
two or three minutes — about that long — after 
Booth went off the stage that this man went 
out of the entrance. I saw no one else run 
out of the entrance except Hawk, the young 
man who was on the stage at the time Bootli 
jumped from the box. If any one had run 
out of the entrance following Booth, I should 
probably have seen him, because I thought 
it was very singular that those who were near 
the stage did not try to get on it. 



Cross-examined iy Assistant Judge Advocath 

Bl.NGHAM. 

I sat in the dress-circle on the north side, 
the same side as the entrance through which 
Booth passed. From the place wheie I sat I 
could not distinctly see the mouth of the 
entrance. 

James Lamb. 

For the Defense. — June 2. 

By Mr. Ewing. 

For over a year I have been employed at 
Ford's Theater as artist and scene-painter. 

[The rope found in Spangler's bag exhibited to the wit- 
ness.] 

I have seen ropes like this at the theater. 
There are probably forty or fifty of such ropes 
in, use there. They are called border-ropes, 
and are about seventy or eighty feet in length, 
used for suspending the borders that hang 
across the stage. The borders are long strips 
of canvas, painted to represent some exteriors, 
others interiors, and as they are required to 
be changed for the scene that is on, they arc 
raised or lowered by means of such ropes as 
these. This rope has the appearance of 
having been chafed; a new rope would be a 
little stift'er in its texture than this. 1 should 
say this is a new rope, but has been in use, 
though I can not detect any thing that would 
lead me to say it has been in use as a border- 
rope; if it had been, there would have been 
a knot fastening at the end, or have the ap- 
pearance of having been tied. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I think it is a rope very similar to the 
ones used at the theater, but I should be very 
sorry to swear that it was one of them. I 
should say the material was manilla. 

1 know John Wilkes Booth by sight. I 
never spoke a word to him in my life. I did 
not hear him say any thing in March or 
April last about the President. I never was 
in his company. 

By Mr. Ewing. 

From an examination of the rope, I have 
no reason to believe that it was not used as 
a border-rope. I was in the theater the 
whole of Saturday, the day after the Presi- 
dent was assassinated, from 10 o'clock until 
the military guard took posse.«iaion, and I saw 
Spangler there several times during the day. 

By Assistant Judge Advocate Bingham. 

I saw him on the stage. Maddox, Jake, 
Mr. Clifford, and Mr. Wright, the stajie-man- 
ager, were in and out oecasionalh'. Carland 
was also there with Spangler, Maddox, and 
myself, in the forenoon, loitering and walk- 
ing about, sometimes sitting down; there 
was no companionship particularly. I have, 
not seen Spangler since until this morning. 



DEFENSE OF EDWARD SPANGLER. 



107 



Jacob Ritterspaugh. 

Recalled for the Defense. — June 2. 
By Mr. Ewixg. 

When I was in the theater with Mr. 
Lamb, tlie next day after the assassination, 
I told him about Spangler slapping me and 
Baying, "Shut up; don't say which way he 
went;" and on the night of the assassina- 
tion, when Garland came up to Mr. Giffbrd's 
room, lie woke me up and asked where Ned 
was. I told him I did not know, and then 
I told him that Ned had slapped me in the 
mouth, and said, "Don't say which way he 
went." 

As I was on the stage with Spangler on 
the day of the assassination, we saw a man 
in the dress-circle smoking a cigar. I asked 
Spangler who it was, but he did not know; 
and I said we ought to tell him to go out; 
but Spangler said he had no charge on that 
side of the theater, and had no right to do 
8o. I took no more notice of him, and went 
to my work again. After awhile I saw him 
sitting in the lower private box, on the right- 
hand side of the stage. He was looking at 
us. I told Ned, and he spoke to him, and 
then the man went out. That was about 6 
o'clock on the evening of the day on which 
tlie President was assassinated. That was 
about 6 o'clock in the evening. 

Cross-examined by Assistant Jcdge Advocate 
Bingham. 

1 never saw the man before. He wore a 
moustache. I saw him first in the dress- 
circle, then in the lower private box on the 
right-hand side of the stage, the left-hand 
when you come in from the front of the 
theater. 

James Lamb. 

Recalled for the Defense. — June 2. 

I saw Ritterspaugh on the stage on Satur- 
day, the day following the President's assas- 
sination. Ritterspaugh was grumbling, and 
Baying that it was well for Ned that he 
had n't something in his hand at the time 
I asked him why. He replied, "He struck 
me last night a very hard blow, and he said 
at the same time, 'Shut up; you know 
nothing about it.' " This was said in con- 
nection with Ritterspaugh having said it was 
Booth that ran across the stage. Ritter- 
spaugh said he called out, " I know him ; I 
know who it was; it was Booth," or some- 
thing of that kind, and then Ned struck him 
and said "Hush up; be quiet. What do 
you know about it?" That was while Mr. 
Booth, or whoever it was, was leaving the 
stage. It was when he was making his es- 
cape that this man Jake said he was rushing 
up and made this exclamation, " That was 
Booth; I know him; I know him; I will 
swear that was Booth;" when Ned turned 
round and struck him in the face with his 



liand. Ritterspaugh said, " It is well for 
him I had not something in my hand to 
return the blow." Then he represented 
Spangler as saying, when he slapped him, 
"Hush up; hush up; you know nothing 
about it. What do you know about it? Keep 
quiet; " hushing him up. 

Ritterspaugh did not say to me that when 
Spangler hit him on the face he said, " Do n't 
say which way he went." I am certain Rit- 
terspaugh did not say that to me, or words to 
that effect. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

Q. Can you tell just exactly the words he 
did say, that you have sworn to already ? 

A. Yes, sir. 

Q. State them. 

A. " Shut up; what do you know about it? 
Hold your tongue." 

Q. That is what Jake said ? 

A. That is what Spangler said to Jake. 

Q. Are you now reporting what Jake said, 
or reporting what Spangler said ? 

A. I am reporting what Spangler said and 
what Jake said. 

Q. We are not asking you for what Span- 
gler said ; we are asking you what Jake said. 
State, if you please, what Jake said on that 
occasion, and exactly what you have sworn 
he said, and all he said. 

A. I will, as near as I can recollect. As he 
told me, he said, " I followed out the party, 
was close at his heels, or near to him, and I 
said that is Booth. I know him ; I know 
him ; " or words to that effect, as near as can 
be. 

Q. Jake said he followed out the party, 
close to his heels ? 

A. Near to him. 

Q. And that he knew who that was ? 

A. He did not say that he followed the 
party. 

Q. I am asking you what he said. Did 
you not swear just now that he said he fol- 
lowed the party close to his heels ? 

A. He was near to him. 

Q. Did you or did you not swear that he 
said he followed the party close to his heels? 

A. You know whether I swore it or not. 

Q. I ask you whether you did swear to it 
or not? 

A. I say he did. 

Q. Very well, then, stick to it. Then 
Jake said he followed the party close to his 
heels ? 

A. Yes, sir. 

Q. And he knew who he was? 

A. Yes, sir. 

Q. What more did Jake say? Did he 
say he came back after following him close 
to his heel.t? 

A. No; he received a blow from Spangler, 
and that shut him up. 

Q. Do you swear now that Spangler fol- 
lowed the man close to his heels ? 



108 



THE CONSPIRACY TRIAL. 



A. No, sir. 

Q. Then how did they fix it? 

A. Spangler was standing in the way. 

Q. While Jake was following the man 
close to his heels ? 

A. No, not at all. 

Q llow was that ? 

A. Spangler, I suppose — 

Q. You need not state what you suppose. 
State what Jake said. That is the only 
question before the Court. 

A. That is what I have stated. 

Louis J. Carlakd. 

For the Defense — June 12. 

By Mr. Ewixo. 

I am acquainted with Jacob Ritterspaugh. 
On the night of the assassination I went to 
Mr. GifFord's room, and Ritterspaugh was 
there asleep. I woke him up, and asked him 
where Spangler was. He seemed frightened, 
and thought I was Mr. Booth. 

I asked him where Mr. Spangler was. He 
told me he did not know where he was now ; 
the last he had seen of Mr. Spangler was 
when he was standing behind the scenes, and 
that he did not know where he had gone; 
that when the man was running past he had 
said that was Mr. Booth, and Spangler had 
slapped him in the mouth and said to him, 
" You do n't know who it is; it may be Mr. 
Booth, or it may be somebody else." 

He did not say then that Spangler slapped 
him on the face with the back of hie hand 
and said, "Don't say which way he went.' 
nor any thing to that effect. 

I did not see Spangler until the next day ; 
then I saw him in the theater, on the stage. 
When he went up stairs to bed on the Sat- 
urday night after the assassination, he said 
there was some talk that the people were 
going to burn the theater, and as he slept 
very heavily, he was afraid to sleep up there; 
so I took him into my room, and he was 
there all night. He was put under arrest 
that night in my room. At half-past 9 
o'clock on Sunday morning the guard came 
and relieved him, and when I was discharged 
we both went into the street. I went to 
church, and in the afternoon saw Spangler 
again in the street near the theater. We 
walked round together that afternoon, and 
in the evening went down to Mr. Bennett's, 
and to Mr. Gurley's on C street. Some cne 
came there and told him he was going to be 
arrested, and I advised him at once to go 
and see the detectives, and not have them 
come after him when he was asleep and take 
him out of his bed. I went to Mr. Barry, 
one of the detectives, and asked him if there 
was any such report at the police head-quar- 
ters, and he said no. 1 know that Spangler 
had very little money liiose two days, for he 
wanted to see Mr. GifTord to get some. 

Booth frequented the theater very famil-. 



iarly before the assassination. He was there 
a great deal, and was very intimate with all 
the employees, and called them by name. He 
was a gentleman who would soon get ac- 
quainted, and get familiar with people on a 
very short acquaintance. 

[Exhibiting to witness the rope found in Spangler'sbag.] 

We use just such ropes as that in the thea- 
ter to pull up the borders and scenes, and for 
bringing up lumber to the top dressing-rooms, 
because the stairs are too narrow. About 
two weeks before the assas.sination, we used 
such a rope as that to haul up some shelv- 
ing for my wardrobe, through tlie window, to 
the fourth story; Spangler and Ritterspaugh 
brought it up. I do not know that the rope 
we used was an extra one; there were a great 
many ropes around the theater. I am not 
qualified to judge about how much the rope 
has been used ; this one does not look like an 
entirely new rope; it is not such as I would 
buy for a new one; it looks as if it had been 
exposed out of doors, or in the rain. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

Spangler used to sleep in the theater before 
the assassination, and he slept there on that 
night, but not in the room he usually slept 
in. On that night he slept in the carpenter's 
shop attached to the theater. I do not know 
where he slept on Sunday night. 

It was about 12 o'clock on Friday night 
when I woke Ritterspaugh up; there was no 
one with me, but a policeman stood in the 
passage-way. Mr. Gi fiord's bed is in the 
manager's ofiice, on the first floor of the 
green-room; that is where I found Ritter- 
spaugh. He was frightened when I woke 
him up, and thought it was Booth. He did 
not say any thing to me about Booth draw- 
ing a knife on him. When I asked, " Where 
is Ned ? " he said he did not know where he 
was; that he supposed he was up. I made 
no reply, and he went on and said that when 
Booth ran out through the passage-way, while 
he and Ned were standing behind the scenes, 
he made the remark, " That is Mr. Booth," 
and Ned slepped him in the mouth and said, 
" You do n't know whether it is Mr. Booth, 
or who it is." That i.s all that I remember 
he said. 

I never told it to any one but Mr. William 
Withers, jr. I dined with him on the San- 
day after the assassination, and told him 
then. 

By Mr. Ewing. 

The carpenter-shop is attached to the theater 
just the same as my wardrobe is. It is not 
in the theater building, but it is included in 
the theater. You do not have to go into the 
street to get to it You leave the theater, 
and there is a passage-way to go up, the same 
as we have to go to the green-room and the 
dressing-rooms. 

Ritterspaugh had fully waked up whea h« 



DEFENSE OF EDWARD SPANGLER. 



109 



told me that; he stood up and recognized me. 
He knew who it waa before he began to 
speak. 

Tl»e theater was guarded on Sunday night, 
but any of the employees who slept there 
could get in. Mr. Spangler had a pass from 
the captain or officer of the guard to go in 
and out when he liked, and on Saturday I 
had a pass for that purpose. 

James J. Giffobp. 

Recalled for the Defense. — May 30. 

By Mk. Ewino. 

On Monday evening of the week previous 
to the assassination, 1 heard Booth tell Span- 
gler to take his horse and buggy down to 
Tattersall's, the horse-market, and sell it. I 
presume Spangler sold it. He brought the 
man up with him, and asked me to count 
the money and give him a receipt. I took 
the money and handed it over to Booth. 

Q. State whether or not, since the assas- 
sination, and previous to his release from Car- 
roll Prison, Ritterspaugh told you at the 
prison that the prisoner, Edward Spangler, 
directly after the assassination of the Presi- 
dent in the theater, hit him in the face with 
the back of his hand and said, " Do n't say 
which way he went. " 

A. To the best of my knowledge, I never 
heard him say so. He asked me if he could 
amend the statement that he had made. He 
said he had not told all he knew, and he 
asked me if he could amend it. I told him 
certainly, but he ought to be particular and 
state the truth of what he knew. That is all 
the conversation we ever had regarding it. 
He told me he had made a misstatement, and 
had not told all he knew. He did not say 
what he had omitted; if he had, I should 
surely have remembered it, for I have had 
nothing but this case to think about since I 
have been in the Old Capitol Prison. 

If any thing was wrong about the locks on 
the private boxes at the theater, it was the 
duty of the usher to inform me, and for me 
to have them repaired. No repairing was 
done to any door leading to the President's 
box since August or September of last year. 

I have frequently heard of Spangler going 
crab-fishing, but 1 never saw him. He has 
told me of going down to the Neck on the 
Saturday night, and staying till Monday 
morning; and I have heard others say that 
they had gone crabbing with him. 

[Exhibiting to the witneas the rupo found in Spangler's 
bag.] 

They use a line of that sort, with small 
lines tied to it, about three feet apart, and 
pieces of meat attached as bait. The line is 
trailed along, and as the crabs seize the bait 
they are dragged along and taken. I have 
seen ropes similar to this used, and sometimes 
a little longer. As there is but little strain 
upon the rope, it is not particular about the 
size. 



By Mr. Aikex. 

I saw J. Wilkes Booth, about half-past 11 
or 12 o'clock on the 14th, pass the stage en- 
trance and go to the front door. He bowed 
to me, but we had no conversation. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

It is fully three weeks ago that Ritter- 
spaugh said he was scared, and that he could 
not tell what he was doing; but I do not re- 
member his precise words. He seemed to be 
troubled about it, and asked me if he could 
not make a correct statement, and I told him 
certainly he could. 

Thomas J. Raybold. 

For the Defense. — June 2. 

By Mr. Ewing. 

I have been engaged at Ford's Theater 
since the first Monday of December a year 
ago. I was employed to take charge of the 
house; to see to the purchasing of every 
thing required in the house, and if any re- 
pairs were needed, they were done through 
my order. In the absence of the Messrs. 
Ford, I was in the box-office and sold the 
tickets. 

I know of the lock on the door of box 8, 
the President's box, as it is called, being 
burst open during Mrs. Bowers's engagement 
in March. On the 7th of March Mr. Mer- 
rick, of the National Hotel, asked me, while 
at dinner, to reserve some seats in the orches- 
tra for some company, which I did. It is 
customary, after the first act is over, for 
reserved seats, which have not been occu- 
pied, to be taken by any person wanting 
seats. Mr. Merrick did not come by the 
end of the first act, and the seats were oc- 
cupied. Shortly afterward word was sent to 
me in the front office, saying that Mr. Mer- 
rick and his friends were there, and inquiring 
for the seats. I took them up stairs to a 
private box. No. 6, but it was locked, and I 
could not get in ; I went then to boxes 7 and 
8, generally termed the President's box, and 
they were also locked. I could not find the 
keys, and I supposed the usher had them; 
but he had left the theater, as he frequently 
does, when the first act is over; so I put my 
shoulder against the door of No. 8, the box 
nearest the stage, to force it open, but it did 
not give way to that, and I stood from it 
with my back and put my foot against it 
close to the lock, and with two or tiiree 
kicks it came open. There is another lock 
in the house to which I did the same thing 
when I could not find the key. When the 
President came to the theater, boxes 7 and 
8 were thrown into one by the removal of 
the partition between them. The door to 
No. 8 — the one I burst open — was the one 
always used, and was the door used on the 



no 



THE <;OXSPIRACY TRIAL. 



night of the asBassi nation. The other door 
could not be used. 

I do not know whether the lock wa.s ever 
repaired after I buri^t it open. It was my 
place to report it to Mr. Git!brd and have it 
repaired, but I never thought of it from tiiat 
time. 1 frequently entered the box afterward, 
and always passed in without a key. I 
never said a word to Mr. GifTord about re- 
pairing the lock, and never thought even of 
examining it to see wliat condition it was 
in. The lock* were only used to keep per- 
sons out when the boxes were not engaged. 
I liave frequently had to order persons out 
when the boxes were left open. 

About two weeks prior to the 14th of 
April, J. Wilkes Booth engaged a private 
box, No. 4, at Ford's Theater, and in the 
afternoon he came again to the otKce and 
asked for an exchange of the box, and I 
believe it was made to box 7. I can not be 
positive whether it was box 7 or 8, that he 
occupied that night, but I think it was 7. 
It is the door leading into box 7 that has 
the hole bored in it. 

To the best of my knowledge, there were 
no tickets sold up to the time of the open- 
ing of the theater on the nijrht of the assas 



[Exhibiting to the witness the coil of rope foond in 
Spanglcr'H carpot-bag.] 

I can not swear that this rope has been 
used at the theater, but we used such ropes 
as this at the time of the Treasury Guard's 
ball, from the lobby to the wings, to hang 
the colors of different nations on. It is like 
the kind of rope we use in the flies for 
drawing up the different borders that go 
across from one wing to tlie other. From its 
appearance, I judge this rope has been used. 
It would be lighter in color if it had not 
been. 

Cross-examined by Assistant Judge Advocatb 
Bingham. 

Any rope that was used about the theater, 
I should judge, ought to stay there; I do 
not think its proper place would be in a 
carpet-sack half a mile off. We use a great 
many such ropes ; and sometimes, when they 
are taken down, they lie upon the scene-lofl 
until we need them again. 

The outer door, or door of the passage to 
the President's box, never had a lock on; I 
do not think it has even a latch on. I do not 
know whether the force I employed against 
the door burst the lock or the keeper off; I 



eination; I can not say positively, for I had supposed at the time that it started the keeper, 
been sick with neuralgia for several days, ! The fastening on tlie door is of pine 1 be- 
and was not in the office the whole of theHieve; I do not know whether it was split or 
day. I was there in the morning, between! not; I did not examine it. I did not touch 
10 and 11, when the messenger obtained j box 7. 

tickets for the President, and again in thej The last time I was in the President's box 
afternoon, but do not know of any applica- was on the morning after the assassination; 
lions, and if there had been, I should have I went in with some gentlemen to look at 



seen when I counted the house at night, 
which 1 did on the night of the assassina- 
tion, at 10 o'clock, as usual. 

1 saw Booth on the morning of the 14th 
at the ofhce; I do not know whether before 
or after the box was engaged for the Presi- 
dent. I know he got a letter from the office 
that morning. Booth's letters were directeii 
to Mr. Ford 8 bo\ at the post-office, and he 
generally came every morning for them 



the hole in the door. I did not see the 
mortise in the wall, nor any piece of wood 
to fasten the door with, nor did I see the 
mortise the previous afternoon. I was there 
but for about five minutes, while tlie flags 
were being put up. The chair xvas in the 
box when I went in to help put up the flags; 
it was placed behind the door of box Xo. 7, 
with the rockers in the corner toward the 
audience. I did not see hin\ in the box, but 



Mr. Ford would get the letters as he came niy opinion is that the way the chair was 
from breakfast in the morning, and bring j placed, the audience was rather behind the 
them to the office, when the letters that 
belonged to the stage would be sent there, 
and those belonging to Booth would be called 
for by him. 

The rocking-chair was placed in the posi- 
tion it occupied in the President's box simply 
because, in any other position, the I'ockers 
would have been in the way. When the 
partition was taken down, it left a triangular 
corner, and the rockers went into that cor- 
ner at the left of the balustrade of the box; 
they were there out of the way. That was 
the only reason why I put it there. I had 
H so placed on two occasions before; last 
wmter a year ago, when Mr Hackett was 
playing, when the President was there. The 
sola and other parts of the furniture had 
been used this last season, but up to that 
sight the chair had not 



President as he sat in the chair. 

I can not say the precise day on which 
Booth occupied box No. 7. Mr. Ford was the 
one who sold him the box and exchanged it. 
There were ladies and men with Booth, I 
think. 

By Mr. Ewing 

I can not state whether it was after Booth 
plaved Pt'scara that he occupied that box. To 
the best of my recollection, it was about two 
weeks before the a-ssassination ; it might have 
been more. He had the box on two oc- 
casions. Once when he engaged it, he did 
not use it: he told me that the ladies at the 
National Hotel had disappointed him. 

1 do not know any thing at all as to 
whether Spangler got Uiat rope from the 
theater rightfully or not. 



DEFENSE OF EDWARD SPANGLER. 



Ill 



Recalled for the Defense. — June 2. 

By Mr. Ewing. 

Since I was upon the stand, I have visited 
Ford's Theater, and examined the keepers of 
the locks of boxes Nos. 7 and 8. The lock 
of box 8 is in the condition that I stated this 
morning. It has been forced, and the wood 
has been split by forcing the lock. The 
screw in the keeper is tight, and the keeper 
has been forced aside. The lock on the 
door of box 7 has been forced, which I was 
not aware of until I saw it just now. You 
can take the upper screw out with your 
finger, and push it in and out; you can put 
your thumb against it, and put it in to the 
full extent of the screw. I can not say as 
to its having been done with an instrument. 
It must have been done by force; I know 
tliat No. 8 was done by force applied to the 
outside of the door; the other has a similar 
appearance. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

The wood in box 7 is not split a particle. 
The reason why I think force has been used 
with that lock is, that if the screw was 
drawn by a screw-driver, when ^t went back 
again it would have to be put back by the 
driver, but when force has been used, it 
would make the hole larger, and you could 
put the screw in and out just as you can the 
screw in the door of box 7. 

By Mk. Aiken. 

1 do not know John H. Surratt. I do not 
know any of the prisoners except Spangler. 
He is the only one I ever saw with the ex- 
ception of one, [Herold,] whom I knew when 
he was quite a boy. 

Henry E. Merrick, ' 

For the Defense. — June 2. 
By Mr. Ewing. 

I am a clerk at the National Hotel, Wash- 
ington. On the evening of the 7th of March, 
in company with my wife, Mr. Marcus P. 
Norton of Troy, N. Y., Miss Engels, and 
Mrs. Bunker, I went to Ford's Theater. Mr. 
Raybold took us to a private box. We 
passed down the dress-circle on the right- 
nand side, and entered the first box ; there 
was a partition up at the time between the 
two boxes. Mr. Raybold went to the ofl[ice 
for the key, but could not find it. He then 
placed his shoulder, I think, against the door 
and burst it open. The keeper was burst 
off I think; at least the screw that held 
the upper part of the keeper came out, and 
it whirled around, and hung by the lower 
screw. 

Our books show that John McCullough, 
the actor, left the National Hotel on the 26th 
of March; since then I have not seen him. 



I have never known him to stop at any 
other hotel than the National. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

Mr. McCullough may have called on some 
friend in the house, and I not see him. I 
have not seen him since the 26th of March. 

It was the very first box that we went into 
on visiting the tiieater on the 7th of March; 
the partition was between the box we occu- 
pied and the one to our right, further on 
toward the stage. The box nearest the stage 
we did not enter at all. It was the very first 
box we came to that we entered, and it 
was the door of this box that was burst open. 
The upper screw came out entirely, and the 
keeper swung round on the lower screw, and 
left the lock without any fastening at all. 

James O'Brien. 
For the Defense. — June 3. 

I have been employed as clerk in the Quar- 
ter-master General's office. I also had an 
engagement at night as usher at Ford's 
Theater. 

Sometime before the assassination I noticed 
that the keeper of box 8 had been wrenched 
oti". I was absent one evening, at home sick, 
and when I came next I found that the keeper 
was broken off; but, as the door shut pretty 
tight, I never thought of speaking about it. 
You might lock the door, but if you were to 
shove it, it would come open. 

The keeper on box No. 7 appeared to be 
all right; I always locked that box. The 
door of No. 8 was used when the Presidential 
party occupied the box: when the party oc- 
cupying the Presidential box entered, the door 
was always left open. The door of the pas- 
sage leading to the two boxes had no lock on 
it, or fastening of anv kind. 



Joseph T. K. Plant. 

For the Defense. — Jun« 2. 
By Mr. Ewing. 

My occupation at present is that of a dealer 
in furniture; ever since I was fourteen years 
old I have been, more or less, engaged in 
cabinet work. I have visited Ford's Theater 
to-day, and have examined the keepers on 
boxes No. 7 and No. 8. To all appearances 
they have both been forced. The wood -work 
in box 8 is shivered and splintered by the 
screws. In box 7, 1 could pull the screw with 
my thumb and finger; the tap was gone clear 
to the point. I could force it back with my 
thumb. In box 4, which is directly under box 
8, the keeper is gone entirely. 

I should judge that the keepers in boxes 7 
and 8 were made loose by force ; I could not 
see any evidence of an instrument having 
been used to draw the ecrewe in either of 
them. 



112 



THE CONSPIRACY TRIAL. 



I noticed a hole in the wall of the passage 
behind the boxes; it had the appearance of 
having been covered with something; I could 
not sec what, as no remnant of it was left, in 
size about five by seven and a half or eight 
inches. I noticed also a hole, a little more 
than one-fourth of an inch in diameter, in 
the door of box 7. It is larger on the outside 
than it is on the inside. ' The left side of the 
hole feels rough, as if cut by a gimlet, while 
the lower part on the right-hand side appears 
to have been trinimed with a penknife or 
some sharp instrument. The hole might, I 
think, have been made by a penknife, and 
the roughness might have been caused by the 
back of the knife. 

G. W. Bunker. 

For the Defense. — June 2. 

I am clerk at the National Hotel. The 
day. after the assassination I packed Booth's 
effects at the National, and had his trunk re- 
moved into our baggage-room. In his trunk 
I found a gimlet with an iron handle.* I 
carried it to my room, and afterward gave it 
to Mr. Hall, who was attending to Mr. Ford's 
business. 

John McCullough, who always made his 
home at the National, I find registered hia 
name the last time on March 11 ; he left on 
the 26th of March. 



* The gimlet would bore a hole three-sixteenthi of an 
inch in diameter. 



Charles A. Boigi. 

For the Defense. — June 2. 

By Mr. Ewino. 

I know the accused, Edward Spangler; he 
boarded at the house where I boarded. He 
boarded there five or six months, I presume, 
before the assassination, and I saw him at 
and about the house as usual for several days 
afterward. They had him once or twice in 
the station-house, I believe, before he was 
finally arrested; I do not recollect the date 
of hia final arrest 

John Goenther. 

For the Defense. — June 2. 

By Mr. Ewing, 

I boarded in the same house with the ao- 
cused, Edward Spangler, previous to his ar- 
rest He boarded there on and off for six or 
seven months, perhaps longer. I have lived 
there off and on for the last three years. To my 
certain knowledge, 1 saw Spangler about the 
house for two or three days before the assassin- 
ation; 1 never saw him wear a moustache. 

Cross-examined by Assistant Judge Advocate 
Bingham. 
I am not certain what days it was that I 
saw Spangler at the house. He did not sleep 
there. I used to see him in the morning, and 
of evenings when I came from work. I work 
in the arsenal, and generally take my dinner 
with me. 



TESTIMONY 



RELATING TO 



MRS. MARY E. SURRATT. 



[See testimony of John M. Lloyd, page 85.] 

Loms J. Weichmann 
For the Prosecution. — May ] 3. 

I have been clerk in the office of Greneral 
Hoffman, Commissary-General of prisoners, 
since January 9, 1864. 

My acquaintance with Jolin H. Surratt 
commenced in the fall of 1859, at St. Charles 
College, Maryland. We left college together 
in the summer of 1862, and I renewed my 
acquaintance with him in January, 1863, in 
this city. On the 1st of November, 1864, I 
went to board at the house of his mother, 
Mrs. Surratt, the prisoner, No. 541 H Street, 
between SixtJi and Seventh, and boarded 
there up to the time of the as.sassination. 

On the 2d of April, Mrs. Surratt asked me 
to see J. V.^ilkes Booth, and say that she 
wished to see him on " private business.'' 
I conveyed the message, and Booth said he 
would come to the house in the evening, as 
soon as he could; and he came. 

On the Tuesday previous to the Friday 
of the assassination, I was sent by Mrs. 
Surratt to the National Hotel to see Booth, 
for the purpose of getting hi.s buggy. She 
wished me to drive her into the country on 
that day. Booth said that he had sold his 
buggy, but that he would give me $10 in- 
stead, that I might hire one. He gave me 
the $10, and I drove Mrs. Surratt to Surratts- 
ville on that day, leaving this city about 9 
and reaching Surrattsville about half-past 12 
o'clock. We remained at Surrattsville half 
an hour, or probably not so long. Mrs. Sur- 
ratt stated that she went there for the pur- 
pose of seeing Mr. Nothe, who owed her some 
money. 

On Friday, the day of the assassination, I 
went to Howard's stable, about half-past 2 
o'clock, having been sent there by Mrs. Sur- 
ratt for the purpose of hiring a buggy. She 
herself gave me the money on that occasion, 
a ten-dollar note, and 1 paid $6 for the 
buggy. I drove her to Surrattsville the same 
dav, arriving 'here about half-past 4. We 

8 



stopped at the house of Mr. Lloyd, who 
keeps a tavern there. Mrs. Surratt went into 
the parlor. I remained outside a portion 
of the time, and went into the bar-room a 
part of the time, until Mrs. Surratt sent for 
me. We left about half-past 6. Surratts- 
ville is about a two-hours' drive to the city, 
and is about ten miles from the Navy Yard 
bridge. 

Just before leaving the city, as I was going 
to the door, I saw Mr. Booth in the parlor, 
and Mrs. Surratt was speaking with him. 
They were alone. He did not remain in the 
parlor more than three or four minutes; and 
immediately after he left, Mrs. Surratt and I 
started. 

I saw the prisoner, Atzerodt, at Howard's 
stable, when 1 went to hire the buggy that 
afternoon. I asked him what he wanted, 
and he said he was going to hire a horse, 
but Brook Stabler told him he could not 
have one. 

I remember going with John H. Surratt 
to the Herndon House, about the 19th of 
March, for the purpose of renting a room. 
He inquired for Mrs. Mary Murray, who 
kept the house; and when she came, Sur- 
ratt said that he wished to have a private 
interview with her. She did not seem to 
comprehend; when he said, "Perhaps Miss 
Anna Ward has spoken to you about this 
room. Did she not speak to you about en- 
gaging a room for a delicate gentleman, wlio 
was to have his meals sent up to his room ? '' 
Then Mrs. Murray recollected, and Mr. Sur- 
ratt said he would like to have the room 
the following Monday, I think, the 27th ol' 
March, when the gentleman would take pos- 
8e.«sion of it. No name was mentioned. I 
afterward heard that the prisoner, Payne, 
was at the Herndon House. One day I met 
Atzerodt on the street, and asked him where 
he was going. He said he was going to 
see Payne. 1 then asked, "Is it Payne who 
is at the Herndon House?" He said, "Yes." 
That was after the visit John H. Surratt had 
made to engage the room. 

About the 17th of March last, a Mrs. 

(113) 



114 



THE CONSPIRACY TRIAL. 



I 

•e, m 



cotivernution, leaving me alone. 1 did not 
liear the conversation; I was seated on & 
lounge near the window. On returning to 
the room tlie last time Dr. Mudd ajtologized 
to me for his private conversation, and 
stated that Booth and he had some private 
business; that Booth wihiied to purchase Itig 
farm, hut that lie did not care about sellifig 
it, as Booth was not willing to give him 
enough. Booth also apologized, and stated 
to me that he wished to purchase Dr Mudd's 
farm. Afterward they were seated round 
the center-table, when Booth took out an 
envelope, and on the back of it made marks 
with a pencil. I should not consider it 
writing, but from the motion of the pencil 
it was more like roads or liue.^. 

After this interview at the National Hotel 
Booth called at Mrs. Surratt's frequently, 
generally asking for Mr. John II. Surratt, 
and in his absence for Mrs. Surratt, Their 
interviews were always apart front other per- 
sons. I have been in the parlor in company 
with Booth, when Booth has taken Surratt 
up stairs to engage in private conversation. 
Sometimes, when engaged in general conver- 
sation, Booth would say, ".John, can you go 
up stairs and .«pare me a word?' They 
would then go up stairs and engage in pri- 
vate conversation, which would sometimes 
last two or three hours. The same thing 
would sometimes occur with Mrs. Surratt. 

"When I saw Booth at the National Hotel 
on the Tuesday previous to the asssissination, 
to obtain liis buggy for Mrs. Surratt, lie 
spoke about the horses that he kept at How- 
ard's stable, and I remarked, •' Why, I 
thought they were Surratt's horses." He said, 
" No, they are mine." 

John H. Surratt had stated to me that he 
had two horse.^, which he kept at Howard's 
stable, on G Street. 

Some time in March last, I think, a man 
calling himself Wood came to Mrs. Surratt's 
and inquired for John 11. Surratt. I went to 
the door and told him Mr. Surratt was not 
at home; he fhereu|>on expressed a desire to 
see Mrs, Surratt, an<i I introduced him, hav- 
ing Jirsl asked his name. That is the man 
rpiiinting to Lewis Payne, one of the accused.! 
lie stopped at the house all night. He had 
supper served up to him in my room; I took 
it to him from the kitchen. He brought no 
baggage; he had a black overcoat on, a 
black dress-coat, and gray pants. He re- 
mained till the next morning, leaving by the 
earliest train for Baltimore. About three 
weeks afterward he called again, and I again 
went to the door. I had forgotten his name, 
and, asking him, he gave the name of Payne. 



Slater came to Mrs. Surratt's house, and-tional Hotel. When we .-irrived there, 
stopped there one night. This lady went to told us to be seateil, and ordere<l cigars and 
Canada and Richmond. On .Saturday, the wines for four. Dr. Mudd then went out 
'2'M of March, John Surratt drove her audi into a passage and calleil Booth out, and 
Mrs. .Surratt into the country in a buggy, | had a private conversation with him. When 
leaving about 8 o'clock in the morning, lie j they returned, Booth called Surratt, and all 
hired a two-horse team, white horses, from 'three went out together and had a private 
Howard's. Mrs. Surratt told me on her re- 
turn that John had gone to Richmond with 
Mrs. Slater. Mrs. .Slater, I understocwi, was 
to have met a man by the name of Howell, 
a blockade-runner; but he was captured on 
the 24th of March, so Surratt took her back 
to Richmond. Mrs. Slater, as I learned 
from Mrs. Surratt, was either a blockade-run- 
ner or a bearer of tli.'-patches 

Surratt returned from Richmond on the 
3d of April, the day the news of the fall of 
Richmond was received. I had some con- 
versation with him about the fall of Rich- 
mond, and he seemed incredulou.s. He told 
me he did not believe it; that he had seen 
Benjamin and Davis in Richmond, and they 
had told him that Kichmond would not be 
evacuated. 

Surratt only remained in the house about 
an hour, when he told me he was going to 
Montreal, and asked me to walk down the 
street with him and take some oysters. He 
left that evening, saying he was going to 
Montreal, and I have not seen him since. 

I saw about nine or eleven $20 gold 
pieces in his possession, and $50 in green- 
backs, when he came back from Richmond; 
and just before leaving for Canada, he ex- 
changed $40 of gold for $00 in greenbacks, 
with Mr. Holahan. 

I afterward learned in Montreal that Sur- 
ratt arrived there on the Gth of April, and 
left on the 12th for the Stales; returned on 
the 18th, and engaged rooms at the St. Law- 
rence Hall, and left again that night, and 
was seen to leave the house of a Mr. Porter- 
field, in company with three others, in a 
wagon. I arrived at Montreal on the I'Jth, 
and my knowledge was derived from the reg- 
ister of St Lawrence Hall. 

I saw a letter from John Surratt to his 
mother, date<l St. Lawrence Hall, Montreal, 
April 12th, which was received here on the 
I4th ; I also saw another letter from him in 
Canada to Miss Ward, but that was prior to 
the letter to his mother. 

About the l")th of Janu.iry last I was 
passing down Seventh Street, in company 
with .lohn H. Surratt, and when opposite 
Odil Fellows' Hall, some one calleil "Sur- 
ratt, Surratt; " and turning round, he recog- 
nized an old acquaintance of his. Dr. Samuel 
A. Mudd, of Charles County, Md. ; the gen- 
tleman there [pointing to the accused, Sam- 
uel A. Mudd. J He and John Wilkes Booth 
were walking together. Surratt introduced 
Dr. Mudd to me, and Dr. Mudd introiluced 
Booth to both of us. They were coming 
down Seventh Street, and we were going up. 
Booth invited us to his room at the Na- 



J 



TESTIMONY CONCERNING MRS. MARY E. SURRATT. 



115 



I ushered him into the parlor, wliere were 
Mrs. Surratt, Miss Surra tt, and Miss Honora 
Fitzpatrick. He remained three days tiiat 
time. He represented himself as a Baptist 
preaclicr; and said that he had been in 

E risen in Baltimore for about a week ; tliat 
e had taken tlie oath of allegiance, and 
was now going to become a good and loyal 
citizen. 

Mrs. Surratt and her family are Catholics. 
John H. Surratt is a Catholic, and was a 
student of divinity at the same college as 
myself I heard no explanation given why a 
Baptist preacher should seek hospitality at 
Mrs. Surratt's ; they only looked upon it as 
odd, and latighcd at it. Mrs. Surratt herself 
remarked that he was a great looking Bap- 
tist preacher. In the course of conversation 
one of the young ladies called him "Wood." 
I then recollected that on his first visit he 
had given the name of Wood. On the last 
occasion he was dressed in a complete suit of 
gray; his baggage consisted of a linen coat 
and two linen shirts. 

The only evidence of disguise or prepara- 
tion for it, that I know of, was a false mous- 
tache, which I found on the table in my room 
one day. I put the moustache into a little 
toilet-box that was on my table. Payne 
afterward searched round the table and in- 
quired for his moustache. 1 was sitting on 
a chair and did not say any thing. I re- 
tained the moustache, and it was found in 
my baggage that was seized. 

On returning from my office one day, while 
Payne was there, I went up stairs to the 
third story and found Surratt and Payne 
seated on a bed, playing with bowie-knives. 
There were also two revolvers and four sets 
of new spura 

[A spur, a large bowie-knifo, and a revolver, found in 
Atzerodt'B room at the Kirkwood House, were exiiibited 
to the witni'Ht).] 

That is one of the spurs. There were three 
spurs similar to that in a closet in my room 
when I was last there, and tho.se three be- 
longed to the eight that had been purchased 
by Surratt. The knives they were playing 
with were smaller than that knife. The re- 
volvers they had were long navy revolvers, 
with octangular barrels; that has a round 
barrel. 

I met the prisoner, David E. Herold, at 
Mrs. Surratt's, on one occasion ; I also met 
him when we visited the theater when Booth 
played Pescara ; and I met him at Mrs. 
Surratt's, in the country, in the spring of 
1863, when I first made Mrs. Surratt's ac- 
quaintance. I met him again in the sum- 
mer of 1864, at Piscataway Church. These 
are the only times, to my recollection, I ever 
met him. I do not know either of the pris- 
oners, Arnold or O'Laughlin. I recognize 
the prisoner Atzerodt He first came to Mrs. 
Surratt's house, as near as I can remember, 
about three weeks after I formed the acquaint- 
ance of Booth, and inquired for John H. 



Surratt, or Mrs. Surratt, as he said. Since 
then he must have been at the house ten or 
fifteen times. The young ladies of the house, 
not comprehending the name that he gave, 
and understanding that he came from Port 
Tobacco, in the lower portion of Maryland, 
gave him the nickname of " Port Tobacco." 
1 never saw him in the house with Booth. 

At the time Booth played the part of Pes- 
cara^ in the " Apostate," he gave Surratt two 
complimentary tickets, and as Surratt and I 
were going to the theater, we met Atzerodt 
at the corner of Seventh Street and Pennsyl- 
vania Avenue, and told him where we were 
going. He said he was going there too; and 
at the theater we met David E. Herold 
[pointing to the accused, David E. Herold, 
who smiled and nodded in recognition.] We 
also met Mr. Holahan, who boarded at Mrs. 
Surratt's. 

After the play was over, all five of us left 
the theater together — Mr. Surratt, Holahan, 
and myself, in company. We went as far as 
the corner of Tenth and E Streets, when Sur- 
ratt, turning round, noticed that Atzerodt 
and Herold were not following, and desired 
me to go back after them. When I went 
back, I found Atzerodt and Herold in the 
restaurant adjoining the theater, talking very 
confidentially with Booth. On my approach 
they separated, and Booth said, " Mr. Weich- 
mann, will you not come and take a drink?" 
whicli 1 did. We then left the restaurant, 
and joined the other two gentlemen on E 
Street; went to Kloman's and had some oys- 
ters; after, that we separated — Surratt, Hol- 
ahan, and myself going home, and the others 
going down Seventh Street. 

Cross-examined by Hon. Reverdy Johnson. 

When I went to board with Mrs. Surratt, 
in November, 1864, she rented her farm at 
Surrattsville to Mr. Lloyd, and removed to 
this city. Her house is on H Street, and 
contains eight rooms — six large and two 
small. Mrs. Surratt rented her rooms and 
furnished board. Persons were in the habit 
of coming from the country and stopping at 
her house. Mrs. Surratt was always very 
hospitable, and had a great many acquaint- 
ances, and they could remain as long as they 
chose. During the whole time I have known 
her, her character, as far as I could judge, 
was exemplary and lady-like in every par- 
ticular; and her conduct, in a religious and 
moral sense, altogether exemplary. She was 
a member of the Catholic Church, and a 
regular attendant on its services. I gen- 
erally accompanied her to church on Sun- 
day. She went to her religious duties at 
least every two weeks, sometimes early in 
the morning and sometimes at late mass, 
and was apparently doing all her duties to 
God and man up to the time of the as- 
sassination. I visited Mrs. Surratt several 
times during '63 and '64, while she lived \h 
the country. I made her acquaintance 



IIG 



THE CONSPIRACY TRIAL. 



tliroiigli lipr pon, u]io liad been a college- 
mate of mine Inr three years. 

Diiriiijr tlie winter of 1804, John Surratt 
was Ireciuently (Vtnii home; in the month of 
November, cspeeially, lie was down in the 
country almost all the time. Ilis stay at 
home was not at all permanent; sometimes 
lie wonid be at home for half a wt-ek, and 
away the otiicr half; sometimes he would be 
three or four weeks at a time in the country. 
1 do not know of his beinjj: in Canada in the 
winter of 04— "), althon;:h he could have gone 
without my knowIedy:c. I was upon very 
intimate terms with him, seein;; him almost 
every day wiien he was at home; we eat at 
the same table, roomed together, and shared 
the same bed. 

lie never intimated to me. nor to any one 
else to my knowledjre, tluit tliere was a pur- 
pose to assassinate tlie President. He stated 
to nie, in the presence of his sister, shortly 
after he made the acquaintance of Booth, 
that he was goinj; to Europe on a cotton 
speculation ; tliat $3,0U0 luid been advanced 
to him by an elderly gentleman, whose name 
he did not mention, residing somewhere in 
the neighborhood ; that he would go to Liv- 
erpool, and remain tliere prol)ably only two 
weeks to transact his imsiness; then he 
would go to Nassau; from Nassau to Mata- 
moras, Mexico, and find his brother Isaac, 
who had been in Magruder's army in Texas 
since 1861. 

At another time he mentioned to me that 
he was going on the stage with Booth; that 
lie was going to be an actor, and they were 
going to play in llichmond. 

His character at St. Charles College, (Cath- 
olic,) Maryland, was excellent. On leaving 
college he shed tears; and the president, ap- 
proaching him, told him not to weep; that 
his conduct had been so excellent during the 
three years he had been there, that he would 
always be remembered by those who had 
charge of the institution. 

Un the occasion of Mrs. Surratt's visit to 
Surrattsville, on the lltli of April, she told 
me she had business with Mr. Nothe; that 
lie owed her a sum of money, $479, and the 
interest on it, for thirteen years. On arriving 
there, about half-past 12, she told Mr. Nott, 
the bar-keeper, to send a messenger imme- 
diately to Mr. Nothe. In the mean time, 
Mrs. Surratt and myself went to Captain 
Owynn's place, three miles lower down, took 
dinner there, and remained about two hours. 
At Mrs. Surratt's desire. Captain Ciwynn re- 
turned with us to Lloyd'.x. When we ar- 
rived there, Mr. Nott said that Mr. Nothe 
was in the parlor. They went in and trans- 
acted their business; but I did not go in, and 
did not see Mr. Nothe. 

Mr.s. Surratt's second visit to Surrattsville 
was on the afternoon of the 14th of April. 
She rapped at my room-door on that after- 
noon, and told me she had received a letter 
Tora Mr. Charles Calvert in regard to that 



money that Mr. Nothe owed her, and that 
she was again compelled to go to Surratts- 
ville, and asked me to take her down. (Jf 
course I consented. I did not see the letter. 
We took witli us only two packages; one 
was a package of papers about her prop- 
erty at Surrattsville; and another package, 
done up in paper, about six inches, I should 
think, in diameter. It looked to me like 
perhaps two or three saucers wrapped up. 
This package was deposited in the bottom 
of the buggy, and taken out by Mr.s. Surratt < 
when we arrived at Surrattsville. We re-| 
turned to Washington about half-past 8 or * 
9. About ten minutes after we got back, 
some one rang the front-door bell. It was 
answered by Mrs. Surratt, and I lieard foot- 
steps go into the parlor, immediately go out 
again, and down the steps. 1 was taking 
supper at the time. 

I first heard of the assault on President 
Lincoln and the attack on Secretary Seward 
at 3 o'clock on Saturday morning, when the 
detectives came to the house and informed 
us of it. 

The first time that Payne came to Mra 
Surratt's. when he gave the name of Wood, 
he had on a black coat: and when he went 
into the parlor he acted very politely. He 
asked Mi.ss Surratt to play on the piano, 
and he raised the piano-cover, and did every 
thing wliich indicated a person of breeding. 
The moustache that I found upon my table 
was black, and of medium size; it was suffi- 
ciently large to entirely change the appear- 
ance of the wearer. When I found it I 
thought it rather queer that a Baptist 
preacher should use a moustache: I thought 
no honest person had any reason to wear 
one. I took it and locked it up, because I 
did not care to have a laLse moustache lying 
round on my table. I remember exhibiting 
it to .some of the clerks in our otlice, and 
fooling with it the day afterward; I put on 
a pair of spectacles and the moustache, and 
was making fun of it. 

Atzerodt, to my knowledge, stopped in the 
house only one night; he slept alone in the 
back room in the third story. John Surratt 
was out in the country; he returned that 
evening; and Atzerodt, who had, I under- 
stood, been waiting to see John, left the next 
day. I afterward heard Miss Anna and Mrs. 
Surratt say that they did not care about 
having him brought to the house. Miss 
Anna Surratt's expression was, she didn't 
care about having such sticks brought to 
the house; that they were not company for 
her. 

John Surratt is about six feet high, with 
very prominent forehead, a very large nose, 
and 8urd<en eyes; lie has a goatee, and 
very long hair of a light color. The day he 
left for Montreal he wore cream-colored 
pants, gray frock-coat, gray vest, and a plaid 
shawl thrown over him. 

When lie returned from Richmond, he 



TESTIMONY CONCERNING MRS. MARY E. SURRATT. 



117 



had nine or eleven $20 gold pieces ; he did not 
tell nie from whom he got them, nor did 
I make any inquiries. 1 know he had no 
gold about him when he lefl for Richmond. 
On the evening of the 14th, Mrs. Surratt 
showed me the letter she had received that 
dav from John. It was a letter on general 
subjects. He said he was much pleased with 
the city of Montreal, and with the French 
cathedral there; tiiat he had bought a French 
pea-jacket, for which he had paid $10 in sil- 
ver; that board was too high at St. Law- 
rence Hull, $2.50 a day in gold, and that he 
would probably go to some private boarding- 
house, or that he would soon go to Toronto. 
The letter was signed "John Harrison," not 
his full name; his name is John Harrison 
Surratt • 

By Mr. Ewing. 

Dr. Mudd introduced Booth to John H. 
Surratt and myself about the 15th of Jan- 
uary. I could fix the exact date, if reference 
could be had to the register of the Pennsyl- 
vania House, where Dr. Mudd had a room 
at the time. I am sure it was after the 1st 
of January, and before the 1st of February. 
It was immediately after the recess of Con- 
gress. The room that was occupied by Booth 
at the National Hotel had been previously 
occupied, 60 Booth said, by a member of 
Congress. Booth, I remember, walked round 
the room, put his hand on the shelf, and 
took down some Congressional documents, 
and remarked, "What a good read I shall 
have when I am left to myself" It was the 
first day of Booth's arrival in the city, and 
of his trking possession of the room, I un- 
derstood. Most of the Congressmen had 
returned; Congress was in session at the time. 

When Boot!) and Dr. Mudd met Surratt 
and myself, on Seventh Street, Surratt first 
introduced Dr. Mudd to me. and then Dr. 
Mudd introduced Bootli to both of us. 
BootJj then invited us down to his room at 
the National Hotel. As we walked down 
Seventh Street, Mr. Surratt took Dr. Mudd's 
arm, and I walked with Booth. The conver- 
sation at the National lasted, 1 suppose, 
three-quarters of an hour. When Booth took 
the envelope out of his pocket, and with a 
pencil drew lines, as it were, on the back of 
this ciwelope, Mr Surratt and Dr. Mudd 
were looking on. All the while he was doing 
it they were engaged in deep private conver- 
sation, which was scarcely audible. I was 
sitting about eight feet from them and could 
hear notiiing of it. When Booth went out 
of tile room with Dr. Mudd, they remained 
not more than five or eight minutes. They 
went into a dark passage, and I judge they 
remained there, as I heard no retreating foot- 
steps, and they diil not take their hats. 

Almo.'it immediately after their return 
Surratt went out, and ail three staid out about 
the same lengtli of time as at the first inter- 
view. 



After their return to the room, we re- 
mained probably twenty minutes; then left 
the National Hotel and went to the Penn- 
sylvania House, where Dr. Mudd had rooms. 
We all went into the sitting-room, and Dr. 
Mudd came and sat down by me; and we 
talked about the war. He expressed the 
opinion that the war would soon come to an 
end, and spoke like a Union man. Booth 
was speaking to Surratt. At about half-past 
10, Booth bade us good nigiit, and went out; 
Surratt and I then bade Dr. Mudd good night. 
He said he was going to leave next morning. 

I had never seen Dr. Mudd before that 
day. I had heard the name of Mudd men- 
tioned in Mrs. Surratt's house, but whether 
it was this Dr. Samuel Mudd I can not say. 
I have heard of Dr. George Mudd and Dr. 
Samuel Mudd. 

By Mr. Stone. 

I first saw Herold in the summer of 1863, 
at Surrattsville, at a serenade there. A band 
had gone down from the city to serenade the 
otficers who had been elected, and the band 
stopped at Mrs. Surratt's, on the way down, 
and serenaded us; on returning in the morn- 
ing, they stopped and serenaded us again. 
Herold was with this party, and it was on 
this occasion that John Surratt introduced 
him to me. 

By Mr. Clampitt. 

There was nothing in the conversation be- 
tween Dr. Mudd, Booth, and Surrratt, at the 
National Hotel, that led me to believe there 
was any thing like a conspiracy going on 
between thern. 

When Mrs. Surratt sent nie to Booth, and 
lie oflered me the ten dollars, I thought at 
the time that it was nothing more than an act 
of friendship. 1 said to Booth, "I am come 
with an order for that buggy that Mrs. Surratt 
asked you for last evening." He said, "I 
have sold my buggy, but here are ten dollars, 
and you go and hire one. " I never told Mrs. 
Surratt that. 

Mrs. Surratt would sometimes leave the 
parlor on being asked by Booth to spare him 
a word. She would then go into the passage 
and talk with him. These conversations 
would not, generally, occupy more than five 
or eight minutes. 

By Mr. Aikex. 

On the 14th of April, when I drove Mrs. 
Surratt to Surrattsville, I wrote a letter for 
her to this man Nothe; it was, I remember, 
"Mr. Nothe: Sir — Unless you come forward 
and pay that bill at once, I will bring suit 
against you immediately." I also remember 
summing up the interest for her on the sum 
of $479 for thirteen years. 

By Mr. Doster. 

Atzerodt has been frequently to Mrs. Sur- 
ratt's house, and had interviews with John 



118 



THE CONSPIRACY TRIAL. 



II. Surratt in the parlor. I knew notliing of 
what look place between them. On the 
occasion of Tayne's last visit to the iiouse. 
Atzeroilt came to see Surratt, and I pew 
Payne and Atzerodt togetlier, talking in niy 
room. 1 do not know of any conversation 
that passed between Atzerodt and Bootli, or 
Atztroilt and I'ayne, having reference to a 
con.-^piracy. 

Surratt was continually speaking about 
cotton Hpeculation.x, and of going to Europe, 
and I heard Atzerodt once remark that he 
also wa.s going to Europe, but he was going 
on hor.sebaok; from that reuiark 1 concluded 
lie was going South. 

At half past 2 o'clock, on the afternoon of 
the 14lh, I saw Atzerodt at the livery-stable, 
trying to get a horse. The stable-keeper, in 
my presence, refused to let him have one. I 
asked Atzerodt wiiere he was going, and he 
said he was going to ride in the country, and 
he said he was going to get a horse and send 
for Payne. I met Atzerodt one day on 
Seventli Street, and asked him where he was 
going He said he was going to see Payne. 
1 asked him if it was Payne who was at the 
Herndon House. He said, "Yes." Wlien 
Payne visited the Surratts, his business ap- 
peared to be with Mr. Surratt. On the 
occasion of his tirst visit, I was in the parlor 
during the whole time. I did not notice any 
other disguise than the false moustache 
spoken of, nor any thing else to show that 
Payne wanted to disguise himself He ap- 
peared to be kindly treated by Mr. Surratt, au 
if he was an old acquaintance. 

I do not know whether the Surratt family 
regarded him as a man in disguise or as a 
Baptist minister. One of the young ladies 
looked at him, and remarked that he was a 
queer-looking Baptist preaclier, and that he 
would not convert many souls. 

Recalled /or the Prosecution. — May 18. 
[A telograpliic dispatch was banded to the witness.] 
I received this dispatch and delivered it to 
John H. Surratt on the same day. I can not 
say that I received it on the 2^x1 of March, 
but it was after the 17lh of March. 

New Yokk, March 23, 186i. 
To Wcichmann, Esq., 541 II Street : 

Tell John to telegraph number and street 
at once. [Signed] J. BOOTH. 

[Tho original of the at>ovo dUpatch was oflcrud iu ovi- 
dencn:) 

This is in Booth's handwriting. I have 
eeen Booth's handwriting, and recognize his 
autograph. When 1 delivered the message 
ti> John Surratt, I asked him what particular 
iiuiubc-r anil street was meant, and he said, 
"Don't be so damned incjuisitive" 

During Payne's second visit to Mrs. Sur- 
ratts house, sumetimealler the 4th of Marcii, 
1 returne«l from my oflice one day at half-past 
4 o'clock. I went to my room, and ringing 
the bell for Dan, the negro servant, told him 



j to bring me some water, and inquired at the 
same time where John had gone. He told me 
Massa John had lett the front of the hou.-e, 
I with six others, on horseback, about halt- 
past 2 o'clock. On going down to dinner, I 
found Mrs. Surratt in the passage. She waa 
I weeping bitterly, and I endeavored to console 
I iier. She said, "John is gone away; godowa 
to dinner, and make the l>est of your dinner 
you can. " After dinner, I went to my room, 
i sat down, commenced reading, and about half- 
! past tj o'clock Surratt came in very much ex- 
! cited — in fact, rushed into the room. He hud 
a revolver in his hand — one of Sharj)e'8 re- 
volvers, a four-barrelled revolver, a small one, 
you coiild carry it in your vest-pocket. He 
appeared to be very much excited. I said, 
"John, what is the matter; why are you so 
nuich excited?" He replied, "1 will shoot 
any one that comes into this room; my jiros- 
pect is gone, my hopes are blighted; 1 want 
something to do; can you get me a clerk- 
ship"? ' In about ten minutes after, the pris- 
oner, Payne, came into the room. He was also 
very much excitetl, and 1 noticed he had a 
pistol. About fifteen minutes afterward. Booth 
came into the room, and Booth was so excited 
that he walked around the room three or four 
times very frantically, and did not notice me. 
He had a whip in his hand. I spoke to him, 
and, recognizing me, he said, " 1 did not see 
you." The three then went up stairs into the 
back room, in the third story, ami must have 
remained there about thirty minutes, when 
they left tiie house together. On Surratt's re- 
turning home, I asked him where he had left 
his friend Payne. He said, " Payne had gone 
to Baltimore." 1 asketl him where Booth 
had gone ; he said Booth had gone to New 
York. Some two weeks after, Surratt, when 
pa.ssing the post-oftice, inquired for a letter 
that was sent to him under the name of James 
Sturdey. 1 asked him why a letter was sent 
to him under a false name; he said he had 
particular reasons for it. 

The letter was signed "Wood," and the 
substance of it was, that the writer was at the 
Revere House in New York, and was looking 
tor something to do; that he would probably 
go to some boarding-house on West (irand 
Street, I think. This must liave been before 
the 'JOth of March. 

When I asked the negro servant to tell me 
who the seven men were that had g^>ne out 
riding that afternoon, he saiil one was Massa 
John, and Booth, and Port Tobacco, and that 
man who was stopping at the house, whom I 
recognized as Payne. Though they were very 
much excited when they came into the room, 
thev were very guarded indeed. Payne made 
no remark at all. Those excited renuirks by 
Surratt were the only ones made. 

Cross-examined by Mu. Aikkn. 

I did not hear the conversation that took 
place between Mrs. Surratt and Mr. Lloyd at 
Uniontown. Mrs. Surratt leaned sideways 



TESTIMONY CONCERNING MRS. MARY E. SURRATT. 



119 



in the buggy, and whispered, as it were, in Mr. 
Lloyd's ear. 

I have seen Mrs. Slater at Mrs. Surratt's 
house only once, though I understand she has 
been there twice. Mrs. Surratt told me that 
Bhecanie to the house with Mr. Howell; that 
she was a North Carolinian; I believe that 
elie spoke French, and that she was a block- 
ade-runneror bearer of dispatches. Mrs. Sur- 
ratt said if she got into trouble there was no 
danger, because she could immediately apply 
totiie French Consul, speaking French as she 
did. At the time I saw lier, she drove up to 
the door in a buggy; there was a young man 
with her. Mrs. Surratt told me to go out 
and take her trunk. Siie wore a crape mask 
vail. That was some time in the month of 
February. When Howell was at Mrs. Sur- 
ratt's, he gave the name of Spencer. They 
refu.sed to tell me his right name, but I after- 
ward learned from John Surratt that his name 
was Augustus Howell. Liis nickname in the 
house was Spencer. He was well acquainted 
with Mrs. Surratt. I was introduced to him, 
and had some conversation with hitn. 1 told 
him I would like to be South. I had been a 
student of divinity, and I was studying for 
the diocese of Richmond. I told him that I 
would like to be in Richmond for the pur- 
pose of continuing my tlieological studies. 

By Mr. Cl.^mpitt. 

Q. Why had you a greater desire to continue 
your studies in Richmond than the North ? 

Assistant Judge Advocate Bixgh.\m. I ob- 
ject to that question. It is wliolly immaterial 
what reason he had. 

Mr. Ci.AMPiTT. It is important, and concerns 
the res gestm of the case. 

Assistant Judge Advocate Bixgham. Sup- 
posing he should give an answer, how would 
you dispose of it? 

Mr. Clampitt. By further testimony that 
we may adduce hereafter. It may be a con- 
necting link. 

Assistant Judge Advocjjte Bixgh.a.m. You 
can not do it in that way. If you had asked 
him for his declarations, I could understand 
it; but this is an attempt to get at the in- 
terior motive of the witness, which you can 
not do, unless you can obtain the power of 
omnipotence. 

The question was waived. 

Witness. I spoke about Mr. Howell to 
Captain Gleason, a clerk in our office, and 
said to him, "There is a blockade-runner at 
Mrs. Surratt's; shall I have liim delivered 
up?' I agitated the question with myself for 
tliree days, and decided in favor of Surratt; 
I thought it would be perhaps the only time 
the man would be there, and that I would let 
liim go, in God's name. 

By Mr. Aikex. 

While I was a clerk in the War Depart- 
ment, tliis man Howell taught me a cipher 
alphabet, and huw to use it. He said notliing 



about its being a cipher used at Richmond, 
nor did he give it to me with any idea of 
corresponding in it; and the only use I ever 
made of it was to write out a poem of Long- 
fellow's in it, which I showed to Mr. Cruik- 
shank, a clerk in the War Department. He 
was in the habit of making puns and enig- 
mas himself; and I told him I would give 
him an enigma which he could not make out. 
The cipher alphabet was in my box, and no 
doubt was found among my things when they 
were seized. 

I read in the paper, the morning after the 
assassination, the description of tlie assassin 
of Secretary Seward ; Ije was described as a 
man who wore a long gray coat, and I went 
to the stable on G Street and told Brook 
Stabler that I thought it was Atzerodt. I 
afterward met Mr. Holahan, and he also 
communicated similar suspitions to me, and 
after breakfast we gave ourselves up to Su- 
perintendent Richards, of the Metropolitan 
Police force. I told Officer McDevitt about 
Payne, and where he was stopping, and what 
I knew of Surratt, Atzerodt, and Herold. No 
threats were made in case I did not divulge 
what I knew, and no offers or inducements 
if I did. My only object was to assist the 
Government. I surrendered myself because 
I thought it was my duty. It was hard for 
me to do so, situated as I was with Mrs. 
Surratt and her family, but it was my duty, 
and so I have always regarded it since. 

I can not say that any objection was ever 
made by any of the prisoners at the bar to 
my being present at any of their conversa- 
tions, but they would withdraw themselves. 
When Booth would call, he would converse 
perhaps five or ten minutes, and then I no- 
ticed that John would tap or nudge Booth, 
or Booth would nudge Surratt; then they 
would go out of the parlor and stay up stairs 
for two or three hours. I never had a word 
of private conversation with them which I 
would not be willing to let the world hear. 
Their conversations, in my presence, were on 
general topics. I never learned any thing 
from the conversations of any of the prison- 
ers at the bar of any intended treason or 
conspiracy. I would have been the last man 
in the world to suspect John Surratt, my 
school-mate, of the murder of the President 
of the United States. My suspicions were 
aroused by Payne and Booth coming to the 
house, and their frequent private conversa- 
tions with John Surratt, and by seeing Payne 
and Surratt ])laying on the bed with bowie- 
knives, and again by finding a false mous- 
tache in my room; but my suspicions were 
not of a fixed or definite character. I did 
not know what they intended to do. I made 
a confidant of Captain Gleason in the War 
Department. I told him that Booth was a 
secesh sympathizer, and mentioned snatches 
of conversation I had heard from these par- 
ties; and I asked him, ''Captain, what do 
YOU think of all this '?" We even talked 



120 



TUE CONSPIRACY TRIAL. 



over several tliinj^s which they could do. I 
asked liiin whether tliey could he bearers of 
dispatches or bioekatie-runiiers. 1 remember 
8»eein<^ in the New York Tribune, of March 
19tli, tlie capture of President Lincoln fully 
discussed, and 1 remarked to (Japtain Glea- 
8on, "Captain, do you think any party could 
attempt the capture of President Lincoln ?" 
He lau^rhed and liooted at the idea. This 
liappeiied before the horseback ride of 8ur- 
ralt and the si.x others. I remarked to the 
Captain, the morning after they rode, that 
Surratt had come back, and I mentioned to 
Gleason the very expressions Surratt had 
used, and told him that, to all appearances, 
what they had been after had been a failure; 
and that I was glad, as I thought Surratt 
would be brought to a sense of his duty. 

Q. How came you to connect the discus- 
sion which you read in the papers with any 
of these parties, and have your suspicions 
aroused against them ? 

Assistant Judge Advocate Bivgham. ] 
object to the question. It is no matter how 
the man's mental processes worked. We can 
not inquire into that. 

Mr. AiKEX. It will be recollected that 
yesterday a witness was asked what his im- 
pressions were, and it was not objected to. 

Assistant Judge Advocate Binuh.\m. The 
question is now, liow he came to form cer- 
tain conclusions. AVe can not try a question 
of that sort. No court on earth could do it 
It is a thing we can not understand, nor any- 
body else ; and perhaps the witness himself 
would not now be able to state what con- 
trolled his mental operations at that time. 

Mr. Aiken. 1 insist on my question. 

Assistant Judge Advocate Bingham. The 
witness has already gone on and told all he 
can tell, and given declarations; and now he 
is asked to state how he came to connect 
them with the newspaper article. Of what 
use is that to anybody ? I object to it as a 
wholly immaterial and irrelevant question. 
No u)atter how the witness answers, it can 
throw no light on the subject, in favor of or 
against the prisoners. 

Mr. Aiken. But the Judge Advocate is 
aware that the witness did not tell all he 
wished to know in the examination in chief, 
and in iiis re-examination went inio matter 
not brought out in the examination in chief, 
or in the cro.ss-examination, which also was 
not objected to by us. 

The Court sustained the objection. 

Witness I had been a companion of 
.John H. Surratt s for seven years. I did 
not consi<ler that 1 forfeited my friendship 
to him in mentioning my suspicions to Mr. 
Gleason ; he forfeited his friendship to me 
by |)lacing me in the position in which I 
now stand, testifying against iiim. I think 
I was more of a friend to him than lie was 
t'l me. lie knew that I permitted a block- 
.hle-runner at the house, without informing 
ui>on him, because I was Liu friend. But I 



hesitated about it for three days; still, when 
my suspicions of danger to the Governnient 
were aroused, I preferred the Government to 
Joiin Surratt. 

By Mr. Ewixg. 

The ride of tlie parties spoken of, I think, 
took place after my reading the article in the 
Tribune of March lytii. I also saw in the 
Republican, some time in February, that the 
as.sassination of President Lincoln was con- 
temiilated, and Surratt once made the re- 
mark to me that if he succeeded in his cot- 
ton speculation, his country would love him 
forever, and that his name would go down 
green to posterity. 

J do not know what were his intentions, 
but he said he was going to engage in cot- 
ton speculations; he was going to engage in oil. 

My remark to Captain Gleason about the 
possibility of the capture of the President 
was merely a casual remark. He laughed 
at the idea of such a thing in a city guarded 
as Washington was. It was the morning 
after the ride that I stated to Captain Glea- 
son that Surratt's mysterious and incompre- 
hensible business had failed; and I said, 
"Captain, let us think it over, and let us 
think of something that it could have been." 
I mentioned a variety of things — blockade- 
running, bearing dispatches: and we then 
thought of breaking open the Old Capitol 
Prison; but all those ideas vanished ; we hit 
upon nothing. I will state that since tiiat 
ride my suspicions were not so much aroused 
as before, because Payne has not been to the 
house since; and Atzerodt, to my knowledge, 
had not been to the house since the 2d of 
April. The only one that visited the house 
during that time was this man Booth. 

Recalled for the Pronecution. — May 19. 

(The ft<-c«8cii, Lowis P.'x.vnc, wn.'" here attired in tlin co.it 
and vest iu which he wiis arrested at the house of Mr». 
Surratt.] 

Payne wore that coat and vest the last 
time he came to Mrs. Surratt's. when he staid 
three days, on the I4th, l')th and 10th of 
March, and it was on the 10th that the party 
took that horseback ride. The next day 
after that I mentioned my suspicions to Cap- 
tain (Jleason. 1 had spoken to him previously, 
on various occasions, about this blockade- 
runner, and about Mrs. Slater, but I can not 
lix the preci.xe date. I am enabled to fix the 
date of Payne's last visit to the house, from 
the fact that he went with John Surratt. Miss 
Fitzfiatrick, and Miss Dean to see "'Jane 
Shore'' ])layed at the theater. Forrest was 
playing there at that time, and Surratt had 
got a ten-dollar ticket. It was the next day 
that this horseback ride occurred. 

A. R. Reeves. 

For the Prosecution. — May 18. 

I reside in Brooklyn, N. Y. 1 am a tele- 
graphic operator. 



TESTIMONY CONCERNING MRS. MARY E. SURRATT. 



121 



'A telegraphic dispatch was handed to tho witness.] 

This is the original dispatch that was 
handed to me by John Wilkes Booth, at the 
St. Nicholas Hotel, New York, to be sent to 
Washing'ion. It reads: 

New York, March 23, 1S65. 
To Weichnian)i, Esq., 541 H Street : 

Tell John to telegraph number and street 
at once. [Signed] J. BOOTH. 

It was sent on the 23d. I remember 
Booth's signing "J. Booth," instead of John 
Wilkes Booth, knowing that to be his name; 
1 noticed at the time that W^ilkes was left out. 

;A photograph of Booth was exhibited to the witness.] 

This is the gentleman who handed the dis- 
patch to me. 

Miss Hoxora Fitzpatrick. 
For the Prosecution. — May 22. 

1 resided at the hou.se of Mrs. Mary E. 
Surratt, the prisoner at the bar, last winter. 
During the month of Marcli last, I saw John 
Wilkes Booth and John H. Surratt there, 
and of the prisoners, Mr. Wood, [pointing to 
the prisoner, Lewis Payne,] I do not know 
him by any other name, and Mr. Atzerodt 
[pointing to the accused, George A. Atzerodt.] 
1 never saw David E. Herold there. I only 
saw Mr. Wood at Mrs. Surratt's twice; once 
was in March. Atzerodt was there but a 
Fhort time; he staid over night once. 

Some time in March, in company with Mr. 
Surratt, Wood, [Payne,] and Miss Dean, I 
went to Ford's Theater. I do not know what 
box we occupied, but think it was an upper 
box. John Wilkes Booth came into the box 
while we were there. The day after this visit 
to the theater I went to Baltimore, and was 
absent for about a week. 

Mrs. Emma Offutt. 

For the Prosecution. — May 17. 

•On Tuesday, the 11th of April, I was in 
the carriage with Mr. Lloyd, my brother-in- 
law. When somewhere about Uniontown 
we met Mrs. Surratt. Our carriage passed 
before we recognized that it was her, when 
Mr. Lloyd got out. Whether Mrs. Surratt 
called him 1 do not know. 1 did not hear 
tiieir conversation, for I was some distance 
off. 

On Friday, the 14th, I saw Mrs. Surratt at 
Mr. Lloyd's hou.se. She came into the par- 
lor. Mr. Lloyd had been to Marlboro tiiat 
Jay, attending court; he had just returned, 
and had brought some oysters and fresh fish 
with him, and had driven round to the back 
part of the yard. Having occasion to go 
through to the back part of the house, she 
came with me, and I saw her and Mr. Lloyd 
conversing together in the back yard. I paid 
no attention at all to them, and could not 
tell a word that passed between them. 



Cross-examined by Mr. Aiken. 

When the two carriages passed at Union- 
town, and Lloyd got out, it was misty ani 
raining a little. Tlie carriages were two or 
three yards apart, 1 suppose. I never looked 
out of the carriage at all after Mr. Lloyd left 
it, and Lloyd said nothing to me about his 
conversation with Mrs. Surratt. 

Mrs. Surratt arrived at Mr. Lloyd's about 
4 o'clock on the afternoon of the 14th. I 
had a conversation with her before Mr. Lloyd 
came in. 

Q Did you learn any thing of her business 
there that day ? 

Assistant Judge Advocate Bingham ob- 
jected to the question. Statements of Mrs. 
Surratt, in the absence of Mr. Lloyd, were 
not admissible. 

Witness. Mrs. Surratt gave me no charge 
in reference to her business, only concerning 
her farm, and she gave me no packages. 

Q. During your visit to Mr. Lloyd's, did you 
ever hear any conversation there with refer- 
ence to " shooting-irons'?" 

Assistant Judge Advocate Bingham ob- 
jected to the question. The witness had 
already stated that she did not hear the con- 
versation between Mr. Lloyd and Mrs. Sur- 
ratt. 

Mr. Aiken claimed the right to ask the 
question, in order to impeach the credibility 
of the previous witness, Lloyd. 

The Commission sustained the objection. 

Major H. W. Smith. 

For the Prosecution. — May 19. 

1 was in charge of the party that took 
possession of Mr.s. Surratt's house, 541 H 
Street, on the night of the 17th of April, and 
arrested Mrs. Surratt, Miss Surratt, Miss 
Fitzpatrick, and Miss Jenkins. When I 
went up the steps, and rang the bell of the 
house, Mrs. Surratt came to the window, and 
said, "is that you, Mr. Kirby?" The reply 
was that it was not Mr. Kirby, and to open 
the door. She opened the door, and 1 asked, 
"Are you Mrs. Surratt?" She said, "1 am 
the widow of John H. Surratt." And I 
added, "The mother of John H. Surratt, 
jr.?' She replied, "I am." I tiicn said, 
" I come to arrest you and all in your hou.se, 
and take you for examination to General 
Augur's head-quarters." No inquiry what- 
ever was made as to the cause of the arrest. 
While we were there, Payne came to the 
house. I questioned him in regard to his 
occupation, and what business he had at the 
house that time of night. He stated that he 
was a laborer, and had come there to dig a 
gutter at the request of Mrs Surratt. I went 
to the parlor door, and said, "Mrs. Surratt, 
will you step here a minute?" She came 
out, and I asked iier, " Do you know this 
man, and did you hire him to come and dig 
a gutter for you?" She answered, raising 



122 



THE CONSPIRACY TRIAL. 



lier riglit hand, "Before God, sir, I do not 
know tliis nmn, and have never seen him, 
and I did not hire him to dig a gutter for 
me." Payne said notliing. 1 tlien placed 
him under arrest, and told him lie was ho 
suspicious a character that i should send him 
to Colonel Wells, at General Augur's head- 
quarters, for further examination. Payne 
was standing in full view of Mrs. Surratt, 
and within three paces of her, when she de- 
nied knowing him. 

Cross-examined hy Mr. Aikex. 

A variety of photographs were found in a 

Shotograph-album and in various parts of 
[rs. Surratt's house. 
Payne was dressed that night in a gray 
coat, black pantaloons, and rather a fine pair 
of boot.s. lie had on his head a gray shirt- 
sleeve, hanging over at the side. His pant<i- 
loons were rolled up over the tops of his 
boots; on one leg only, I believe. 

I have known some loyal people who liave 
had in their possession photographs of the 
leaders of the rebellion. I can not say that 
I have seen on exhibition at bookstores, or 
advertised by newspaper dealers and keepers 
of photograph.s, cartes-de-visite of the leadens 
of the rebellion. I have seen photographs of 
Booth, but only since this trial. 

He-examined by the Judge Advocate. 

Payne was dressed at the time in a gray 
coat and black pantaloons. 

[Exhibiting to tho witness a brown and white mixed 
coat. J 

That is the coat Payne wore, to the best of 
my belief 

i?y Mr. Dostick. 

I am certain that this is the coat; I re- 
member it by its color and general look. As 
near as I could judge by the light that was 
in the hall at the time, that was the coat. 

[Submitting to tho witness a dark-gray cout.] 

The coat now shown me is the one worn 
by Payne on the night of his arrest. I rec- 
ognize it by the buttons. All that was 
wanting in the other coat was the buttons, 
but it was diffi(!ult in the light in which 1 was 
standing to tell. The coat just shown me is 
the one. 

IThc gray coat was offered in evidence.] 

By Mr. Aiken. 

I think, if 1 saw a gentleman dressed in 
black, with a white necdxcloth, representing 
liim.«elfasa liaptinl preacher, and two months 
afterward 1 met the same person, with a shirt- 
sleeve un his head, an old gray coat, his 
pantaloons .-^tufled into his boots, with a 
pickaxe on his shoulder, pre.'^enting him- 
Hclf as a laborer, and in the night-time, I 
think that, were 1 very familiar with his 
countenance, 1 should recognize him as the 
eame person. 



R. C. MoRGAX. 

For (he Prosecution. — May 19. 

On the night of the 17th of April, I was in 
the service of the War l>epartment, acting 
under the orders of Colonel Olcott, special 
commissioner of that department. About 
twenty minutes past 1 1 o'clock, on the evening 
of the 17th of April, Colonel Olcott gave me 
instructions to go to the house of Mrs. Sur- 
ratt, 541 II Street, and superintend the seizing 
of papers, and the arrest of the inmates of the 
house. 1 arrived there about half-past 11 

clock, and found Major Smith, Captain Wer- 
merskirch, and some other otticers, who had 
been there about ten minutes. The inmates 
were in the parlor, about ready to leave. 

1 had sent out for a carriage to take the 
women arrested in the house to head-quar- 
ters, when 1 heard a knock and a ring at the 
door. At the same time Captain Wermers- 
kirch and myself stepped forward and opened 
the door, when the prisoner, Payne, [point- 
ing to Lewis Payne,] came in with a pickaxe 
over his shoulder, dressed in a gray coat, 
gray vest, black pants, and a hat made out 
of, 1 should judge, the sleeve of a shirt or 
the leg of a drawer. As soon as he came in, 

1 immediately shut the door. Said he, "I 
guess I am mistaken." Said 1, "Whom do 
you want to see?' "Mrs. Surratt," said he. 
" You are riglit ; walk in." lie tottk a seat, and 
I asked him what he came there at this time 
of night for. He said he came to dig a gut- 
ter; Mrs. Surratt had sent for him. 1 asked 
him when. He said, "In the morning." I 
asked him where he last worked. He said, 
"Sometimes on I Street." 1 asked him 
whore he boarded. He said he had no board- 
ing-house; he '.vas a poor man, who got his 
living with the pick. 1 put my hand on the 
pick-axe while talking to him. Said 1, " How 
much do you make a day?" "Sometimes 
nothing at all; sometimes a dollar; some- 
times a dollar and a half" Said I, "Have 
you any money?" "Not a cent, ' he replied. 
1 asked him why he came at this time of ni^ht 
to go to work. He said he simply callea to 
find out what time he should go to work in 
the morning. I asked him if he had any 
previous acquaintance with Mrs. Surratt. 
He said, "No." Then I asked him why she 
selected him. He said she knew he was 
working around the neighborhood, and was 
a poor man, and came to him. 1 asked him 
how old he was. He said, "About twenty." 
I asked him where he was frotn. He said 
he was from Fauquier County, Virginia. 
Previous to this he pulled out an oath of 
allegiance, an<l on the oath of allegiance was, 
"Lewis Payne, FaU((iiier County. Virginia." 
I asked him if he was from the South. He 
said he was. 1 asked him when he left 
there. "Some time ago; in the month of 
February," 1 think he said. I asked him 
what he lell for. He said he would have to 
go iu the army, and he preferred earning his 



TESTIMONY CONCERNING MRS. MARY E. SURRATT. 



123 



iving by the pickaxe. I asked him if he 
could read. He said, "No." I asked him 
if he could write. He said lie could manage 
to write his name. 

I then told him he would have to go up to 
the Provost Marshal's office and explain. He 
moved at that, but did not answer. The 
carriage had returned then that had taken 
oft" the women, and I ordered Thomas Sam- 
son and Mr. Rosch to take him up to the 
Provost Marshal's office. He was then taken 
up and searched. I then proceeded, with 
Major Smith and Captain Wermerskirch, to 
search through the house for papers, and re- 
mained there until 3 o'clock in the morning. 

[\ pick»\o Wiis here cvliibiteil to the witness.] 

That is the pickaxe he had on his shoulder. 

[It was then offered in evidence.] 

When Payne knocked at the door, Mrs. 
Surratt and the inmates of the house were 
all in the parlor, prepared to leave. Mrs. 
Surratt had been directed to get the bonnets 
and shawls ot the rcvst of the persons in the 
house, so that they could not communicate 
with each other 

The next morning I went down to the house 
and found cartes-de-visite of .TefFerson Davis, 
Beauregard, and Alexander H. Stephens; and 
Lieutenant Dempsey, the officer in charge, 
showed me a photograph of J. Wilkes Booth, 
that he had found beliind a picture, which 
lie turned over to the Provost Marshal. 

[An envelope containing two photograplis of General 
Beauregard, one of Jefferson Davis, one of Alexander H. 
8te, liens, andacardwiththe arms of the Stnte of Virginia 
and two Confederate flags emblazoned thereon, with the 
inscription 

" Thus will it ever be with tyrants, 
Virginia the Slighty, 
Sic Semper Ti/rannis."] 

I found all these at the house of Mrs. 
Surratt 

Cross-examined by Mr. Aiken. 

I do not recollect having seen photographs 
of J. Wilkes Booth at book-stores before the 
assassination of the President; and I never 
had photographs of Jefterson Davis and 
other prominent leaders of the rebellion in 
my hand, until I had these, found at Mrs. 
Surratt's. I have not seen people with photo- 
graphs of these men since the rebellion, 
though they might have had them before. 

Captain W. M. Wermekskirch. 

For the Prosecution. — May 19. 

On the night of the 17th of April I was 
at the house of Mrs. Surratt, in this city, 
and was present when the prisoner, Payne, 
came in, about miinight. Major Smith 
asked Mrs. Surratt whether she knew him, 
and Mrs. Surratt, in the presence of Payne, 
held up one or both her hand.s, and said, 
'■ Before God, I have never seen that man 
before. I have not hired him ; I do not 
know any thing about him;" or words to 
tliat effect. The prisoner at the bar [pointing 



to Lewis Payne] is the man of whom I speak, 
and Mrs. Surratt [pointing to the prisoner, 
Mary E. Surratt] is the woman of whom J 
speak. 

Cross-examined by Mr. Aiken. 

I made a search of Mrs Surratt's liouse, 
and found a number of photographs, papers, 
a buliet-mold, and some percussion-caps. The 
bullet-mold and percussion-caps were found 
in the back room of the lower floor, which, 
I believe, was Mrs. Surratt's room. 

I found cartes-de-visite, lithograpliic ones I 
think, but got up in the same shape as photo- 
graphic cartes-de-visite, of Jefferson Davis, 
Alexander H.StepiiensandBeauregard. I also 
saw a photograph of General McClellan there. 

When Mrs. Surratt made the asseveration 
with regard to Payne, I was standing in the 
hall, very near tlie front parlor; she was 
in the parlor very near the hall-door, or 
standing in the door-way. 

When Major Smith informed Mrs. Surratt 
that the carriage was ready to take her to the 
Provost Marshal's office, she requested a 
minute or so to kneel down and pray. She 
knelt down; whether slie prayed or not I 
can not tell. Payne was dressed in a dark 
coat; pants that seemed to be black, and 
seemingly a shirt-sleeve, or the lower part 
of a pair of drawers, on his head, that made 
a very closely-fitting head-dress, hanging down 
about six or seven inches. 

[The prisoner, Lewis Pa.vne, by direction of the Judge 
Advocate, was then dressed in a dark-gray coat, and u 
shirt-sleeve for a head-dress.] 

That is the coat he wore, and that is the 

way he had the head-dress on. I would not 

positively swear to the coat, but it is as near 

the color and shape of that coat as can be. 

[The coat and shirt-sleeve were put in evidence.] 

He was full of mud, up to his knees, nearly. 

I have seen, in Baltimore, in book.sellers, 
stores, pictures of Jefterson Davis, Alexander 
H. Stephens, etc., exhibited for sale; and I 
have seen photographs of Booth in the hands 
of persons, but only in the hands of those 
who took an interest in having liim arrested. 
I do not remember seeing a photograph of 
him before the assassination. 

If I had seen a person dressed genteelly 
in black clothes, with a white neckerchief, 
representing himself as a Baptist minister, I 
think 1 would recognize him in the garb 
Payne wore, for lie had taken no particular 
pains to disguise himself; his face looked 
just the same as it does now, and the only 
difference was in the clothes. 

By Mr. Clamimtt. 

The photographs were found all over the 
house — in the front parlor, in the back parlor, 
and in the two rooms up stairs. There were 
three albums containing photographs, besides 
loose pictures. 

[A small framedcolored lithocrraph, representing Morn- 
ing, Nuon, and >(igbt, was e.xhibited to tb« witness.] 



124 



THE CONSPIRACY TRIAL. 



I saw thi.s picture in itrs. Surratt's lioiise, 
in the buck room of tlie lower Hoor, standing 
on the mantel-piece, I believe. 1 left ittliere, 
because I did not thini< any thing of it This 
picture was all that was visible. 

Lieutenant John W. Dempset. 
For the Prosecution. — May 19. 

[Exhibiting to the witacsii the picture Murn, Noon, and 
Night.; 

I found til is in the back room or* the first 
floor of Mrs. Surratt's house. The back part 
was all sealed, and my curiosity was excited 
by noticing a piece torn olf the back. 1 
opened the back and found the likene.ss of 
J. Wilkes Booth, with the woni "Booth" 
written in pencil on the back of it. 

Cross-examined by Mr. Aiken. 

I may have seen photographs of Davis, 
LeC; and other leaders of the rebellion in 
newspapers — the Sunday newspapers partic- 



ularly ; and I have seen some of eminent 
actors — Forrest, Macready, and others— ex- 
posed for sale at dilferent places I was a 
prisoner for thirteen months, and during that 
time I saw a good many of the leatiers of 
the rebellion, both personally and in pictures, 
but I have not seen them in the loyal states, 
except as I have mentioned. 

Jiecalled for the Prosecution. — June 3. 4 

r.\ photograph of J. Wilkes Booth, aide view, was ex- 
hibited to the witness.] 

This is the photograph I found at the 
back of the picture " Morn. Noon, and Night," 
which was found on the mantel-piece in the 
back room of the first floor, known, I believe, 
as Mrs. Surratt's room. It was marked, in 
pencil, " Booth." The pencil words, " J. 
Wilkes Booth," I wrote when I found it. i 
showed the photograph to an otticer in the 
house, and then turned it over to ColoTiel 
Ingraham. 

[The picture and photograph were put in evidence.] 



DEFENSE OF MRS. MARY E. SURRATT. 



George Cottixgham. 

For the Defense. — May 25. 

By Mr. Aiken. 

I am special officer on Major O'Beirne's 
force, and was engaged in making arrests 
after the a.ssassination. After the arrest of 
John M. Lloyd by my partner, Joshua A. 
Lloyd, he was placed in my charge at Roby's 
Post-office, Surrattsville. For two days after 
his arrest Mr. Lloyd denied knowing any thing 
about the assassination. I told him that I 
was perfectly satisfied he knew about it, and 
had a heavy load on his mind, and that the 
sooner he got rid of it the better, lie then 
said to me, "O, my God, if I was to make 
n confession, they would murder me!" I 
asked, "Who would murder you?" He re- 
plied, "The.se parties that are in this con- 
spiracy." " Well, " Haid I, '' if you are afraid 
of being murdered, and let these fellows get 
out of it, that is your business, not mine." 
lie seemed to be very much excited. 

Llovfl stated to me that Mrs. Surratt had 
come down to his place on Friday between 4 
and ;> o'clock; that she told him to have the 
lire-arms ready; that two men would call for 
them at \'l o'cilock, atid that two men did 
call; that Heruld ilisniounted from his horse, 
went into Lloyd's tavern, and told him to go 
up and gel those fire-arm.s. The fire-arms, he [ 
stated, were brought down; Ilerold took one,; 
and Booth's carbine was carried out to him ; i 
Lut Booth said he could not carry his, itj 



was as much as he could do to carry him- 
self, as his leg was broken. Then Booth told 
Lloyd, " I have murdered the President; " and 
Ilerold said, ' I have fixed off' Seward." He 
told me this when he came from Bryantown, 
on his way to Washington, with a squad of 
cavalry ; I was in the house when he came 
in. He commenced crying and hallooing 
<mt. "0, Mrs. Surratt, that vile woman, she 
has ruined me! 1 am to be shot! I am to 
be shot ! " 

I asked Lloyd where Booth's carbine was; 
he told me it was up stairs in a little room, 
where Mrs. Surratt kept some bags. I went 
up into the room and hunted about, but could 
not find it. It was at last found behind the 
plastering of the wall. The carbine was in 
a bag, and had been suspended by a string 
tied round the muzzle of the carbine; the 
string had broken, and the carbine had fallen 
down. We did not find it where Lloyd told inc 
it wa.s. When Lloyd made these statements 
to me no one was present but Mr. Jenkins, 
a brother of Mrs. Surratt's. Lloyd said that 
Mrs. Surratt spoke about the fire-arms be- 
tween 4 and 5 o'clock on the day of the 
assassination. 

At the last interview 1 had with him, when 
he came to the house to go to Washing- 
ton, he cried bitterly, ami threw his hands 
over his wife's neck, and liallooed for his 
prayer-book. Lloyd's wife and Mrs. Off"utt 
were in the room, and heard all the conver* 
sation. 



DEFENSE OF MRS. MARY E. SURRATT. 



125 



Recalled for the Defense. — May 25. 
By Mr. Aiken. 

Q. Will you state the precise language that 
Lloyd used with reference to Mrs. Surratt in 
his confession to you? 

The Judge Advocate objected to the repeti- 
tion of the question. Mr. Aiken stated that 
he proposed to follow it up by asking the 
witness if he had not made a different state- 
ment to him (Mr. Aiken) in reference to 
what Lloyd had said. " I ask the witness 
now what I stated to him." 

Witness. I met Mr. Aiken at the Metro- 
politan Hotel on Saturday evening last, I 
think. He asked me to take a drink. I 
went up and drank with him. He then said, 
"I am going to have you as a witness in 
this case." He asked me to sit down on a 
sofa and have some conversation. I said no; 
it would not look well for me to be sitting 
there, but I would go outside and take a 
walk When we went outside, the first ques- 
tion Mr. Aiken put to me was, whether I 
was a Catholic. I said I was not. We 
walked along, and he said, "Lloyd has made 
a confession to you." Said I, " Yes." He 
then said, "Will you not state that confes- 
sion to me?" I declined to do it, but told 
him he might ask any questions, and I would 
answer them. He put the question to me, if 
Lloyd had stated that Mrs. Surratt had 
come down there and told him to have the 
fire-arms ready. I said not. I had an ob- 
ject in that answer. I am now on my oath, 
and when on my oath I speak the truth, and 
I can have witnesses to prove what I say — 
si.x cavalrymen, Mr. Lloyd's wife, and Mrs. 
Utt'utt. He wanted to pick facts out of me 
in the case, but that is not my business; I 
am an officer, and I did not want to let him 
know any thing either way; I wanted to 
come here to the Court and state every thing 
that I knew. I told hun distinctly that I 
would not give him that confession ; that I 
had no right to do so. 

Q. Did 1 ask you if Mr. Lloyd, in his con- 
fession, said any thing at all in reference to 
Mrs. Surratt? 

A. You asked me first whether Lloyd had 
made a confession to me, and I said, "Yes." 
Said you, "What is that confession? I 
should like to know it." My answer to you 
was, "I decline giving you that confession; 
but if you will ask a question, I will answer 
you." That question you put to me, and I 
answered; I said "No." 

Q. That Mr. Lloyd did not say so? 

A. I did say so. I do not deny that. 

Q. Then what did you tell me this afternoon 
with reference to it? 

A. 1 told you the same thing over again in 
the witness-room, when you asked me, before 
I came up on the stand. It is a part of my 
business (I am a detective officer) to gain 
my object. I obtained the confession from 
Lloyd through strategy. 



Q. Then you gave me to understand, and 
yoii are ready now to swear to it, that you 
told me a lie? 

A. Undoubtedly I told you a lie there; 
for I thought you had no business to ask me. 

Q. No business! As my witness, had I 
not a right to have the truth from you? 

A. I told you you might call me into court; 
and I state here that 1 did lie to you ; but 
when put on my oath I will tell the truth. 

Mrs. Emma Offutt. 

Recalled for the Defense. — June 13. 

By Mr. Aiken. 

On the evening of the 14th of April, Mr. 
Lloyd was very much in liquor, more so than 
I have ever seen him in my life. I insisted 
on his lying down, and I had to help him 
take off his coat. In a few minutes he got 
up and said he was too sick, and would go 
into the dining-room; but he went into the 
bar-room after that. For tlie last four or 
five months I have noticed his drinking 
freely. 

I did not hear his full confession to Cap- 
tain Cottingham ; but I heard some remarks 
he made on the Sunday night when he was 
brought up from Bryantown, on^iis way to 
Washington. I was there all tRe time, and 
I did not hear him say, referring to Mrs. Sur- 
ratt, "That vile woman, she has ruined me." 

Mr. Aiken. I wish to state to the Court 
that at the time Mrs. Offutt gave her tes- 
timony before, she came here very unwell. 
If I have been correctly informed, she had 
been suffering severely from sickness, and 
had taken considerable laudanum. Her mind 
was considerably confused at the time, and 
she now wishes to correct her testimony in 
an important particular. 

Witness. After I left here the other day, 
I thought of my reply to a question that 
was asked me, and it has been on my mind 
ever since, and I requested Mr. Aiken to 
mention it to the Court. 

I was asked by the Judge Advocate if 
Mrs. Surratt handed me a package, and I 
said "No;" but she did hand me a package, 
and said she was requested to leave it there. 
That was about half-past 5 o'clock, and be- 
fore Mr. Lloyd came in. After that I saw 
the package lying on the sofa in the parlor. 
Shortly afterward Mr. Lloyd came in. 
When I saw Mrs. Surratt and Mr. Lloyd 
talking together at the buggy in the yard, I 
was in and out all the time. I did not see 
Mr. Lloyd go into the parlor, but I saw him 
on the piazza, and I think from that tliat he 
must have gone into the parlor. He had a 
package in his hand, but I did not see Mrs. 
Surratt give it to him. After the package 
was handed to me, it might have been taken 
by Mrs. Surratt and handed to Lloyd, but I 
did not see her give it to him. 

I learned from Mrs. Surratt that she would 



120 



THE CONSPIRACY TRIAL. 



not have come down to Surraltsville that 
day, luui il not been for llie Iciti-r she re- 
ceived; and 1 6aw buHiness tran^<acted wliile 
she was tliere. 

Since .January last I have met Mrs. Sur- 
vatt Heveral tinu-a. I never lieard froni lier 
a word concerning any plot or conspiracy, 
and never lieard any disloyal expressions 
from her. 

1 know that Mrs. Surrait's sight is defect- 
ive. On one occasion, last December, she 
came down to see her mother, who was lying 
very sick. On being told by a servant that 
Mrs. iSurratt was coming toward the door, I 
went tliere to her, and said, '■ Why, Mrs. Siir- 
ratt!" When she said, "0, Mrs. Otfiitt, is 
that youf and then she added, "I can 
scarcely see." 1 led her into the parlor, and 
she told me that her eyes were failing very 
fast. 

Gborgb II. Calvert. 

For the Defense. — May 25. 

By Mr. Aiken. 

I reside in Bladensburg, and am acquainted 
with the prisoner, Mrs. Mary E. Surratt On 
the i'ith of April last I addressed a business 
letter to her. 1 addressed more than one to 
her, but th^last was on the I2th of April. 

[Mr. Aiken called upon the (Jovernmont to produce tlic 
letter, iitiitiiig tliiit he would Buspt'nd turther exaniiuation 
of the wituebs till it could be produced. j 

Recalled for the Defense. — May 26. 
By Mr. Aikex. 

[A letter was handed to the witness. 

RivF.nsnALr., April 12, 1865. 
Mrs. M. E. Surrati: 

De.vu M.\dam — During a late visit to the 
lower portion of the county, I ascertained of 
the willingness of Mr. Notliey to settle with 
you, and desire to call your attention to the 
fact, in urging the settlement of the claim of 
my late fathers estate. However unpleasant, 
I must insist upon closing up this matter, as 
it is imperative, in an early settlement of the 
estate, which is necessary. 

Vou will, therefore, please inform me, at 
your earliest convenience, as to liow and 
when you will be able to pay the balance 
remaining due on the land purchased by your 
late hiisltand. 

I am, dear madam, yours respectfully, 
GEO. II. CALVERT, Jr. 

That is the letter I addressed to Mrs. Sur- 
ratt on the 12th of April. 

[The letter was read and ofTcred in eTidonce.l 

B. F. Gwv.vN. 

For the Defense. — May 25. 

By Mil. Aiken. 

I reside in Prince George's County, near 
Surrattsville. I have been acquainted with 
Mrs. Surratt seven or eight years. 



On Fridaj, the day of the murder of the ■ 
President, as I was pa.-sing in my buggy, 
some one hailed me, and said Mrs. Surratt 
wanted to see me in the tavern. She gave » 
me a letter for Mr. Nothey, and asked in,- 
to read it to liim, which I did. I have trans- 
acted some business for her relative to th«j 
sale of lands her husband had sold to Mr. • 
Nothey ; and I have personal knowledge oJ 
Mr. Nothey buying land from Mrs. Surrait's 
late husband ; 1 was privy to the transaction. 

About half-past 4 on that day, the 14th, I • 
parted with Mr. Lloyd on the road from 
Marlboro, about five miles from Surrattsville. 
and did not see him afterward. He had 
been drinking right smartly. 

ItccalUd for the Defense. — May 26. 

By Mr. Aiken. 

[A letter was handed to the witneM.] 

This is the letter I carried to Mr. Nothey 
from Mrs. Surratt, and which 1 read to him 
on the I4th of April : 

t>URUATTg7ILLE, MD., April 14, 186S. 

Mr. John Nothey: 

Sir — I have this day received a letter from 
Mr. Calvert, intimating that either you or 
your friend have represented to him that I 
am not willing to settle with you for the land. 

You know that 1 am ready, and have been 
waiting for the last two years; and now, if 
you do not come within the next ten days, I 
will settle with Mr. Calvert, and bring suit 
against you immediately. 

Mr. Calvert will give you a deed, on 
receiving pavment. 

M. E. SURRATT, 
Administratrix of J. II. Surratt. 

John Nothey. 

For the Defense. — May 26. 

By Mr. Aiken. 

I reside about fifteen miles from Washing- 
ton, in Prince George's County. Some years 
ago I purchased seventy-five acres of land 
from Mr. .John Surratt, sen. Mrs. Surratt 
scr)t me word that she wanted me to come to 
Surrattsville to settle for this piece of land. 
I owed her a part of the money on it. I 
met her there on Tuesday in regard to it. 
On Friday, the 14th of .\pril, Mr. Gwynn 
brought me a letter from Mr.s. Surratt, but 1 
did not see her that day. 

JOSKIMI T. NoTT. 

For the Defense. — May 30. 

By Mr. Aiken. 

For the past two or three months I have 
been tending bar at Mr. Lloyd s tavern at 
Surratt.-^ville. 

On the I4tii of April I saw Mr. Lloyd in t' 
the morning, and again at sundown. He 
had been to Marlboro on that day ; and when 
he returned, he brought some fish and oy.-» 



J 



DEFENSE OF MRS. MARY E. SURRATT. 



127 



ters, which he carried round to the kitchen 
i?i the back yard. For some weeks past Mr. 
Lloyd liad been drinking a good deal; nearly 
every day, and night, too, he was pretty tight. 
At times he had the appearance of an insane 
man from drink. I saw him at the buggy 
in which Mrs. Surratt was, assisting in fixing 
it He was pretty tight that evening. 

By Mr. Cr,.\.MPiTT. 

I first saw Mr. Lloyd that evening after 
l)i8 return from Marlboro, driving round to 
tiie kitchen. 1 was at the stable, and coming 
out I saw him going round there. Mr. 
Weichmann was there, and Captain Bennett 
F. Gwynn drove up in front of the bar-room. 

jRccdlled for cross-examination. — June 2. 
Bij Assistant Jcdge Advocate Burnett. 

I have never, to my knowledge, done or 
said any thing against tiie Government, or 
the Union party in Maryland, during this 
struggle. I have never taken sides with the 
secession element there, nor said any thing 
against the officers of tlie Government or the 
Executive. 

I know Mr. Edward Smoot I do not 
remember saying to him, after the murder of 
the President, on his stating that John H. 
Surratt was one of the murderers, that he 
was undoubtedly in New York by that time; 
I may or may not have said so; and I might 
liave said, "John knows all about this mat- 
ter;" but 1 do not recollect it; and I have 
no recollection whatever of saying that six 
months ago I could have told all about this 
matter; ror do I remember telling him not 
to mention any thing al>out the conversation 
I had had with him. I think if I had said 
80 to Mr. Smoot, I should remember it, but I 
do not. Indeed, I do not recollect seeing Mr. 
Smoot. 

By Mr. Aiken. 

I may have seen Mr. Smoot on Saturday, 
the loth of April last, but I have no recol- 
lection of it; nor of any such conversation 
with him. 

By the Court. 

I do not think I rejoiced at the success of 
the rebels at the first battle of Bull Run. I 
belong to the Catholic Cliurch when I belong 
to any Church at all. I have not belonged 
to any Church for seven years. 

Andrew Kali.enbach. 

For the Defense. — June 13. 

By Mr. Aiken. 

I was present in the back room of Mr. 
Lloyd's house when he came from Bryan- 
town, at the time of his arrest. I did not 
hear Lloyd say to Captain Cottingham, " Mrs. 
Surratt, that vile woman, she has ruined me." 



Cross-examined by Assistant Judge Advocath 
Bingham. 

The conversation began directly Mr. Lloyd 
came into the house, and lasted about five 
minutes. Mr. Lloyd, Mrs. Lloyd, and Mrs. 
Oftutt were there. Lloyd told Cottingham 
that he was innocently persuaded into this 
matter by Mrs. Surratt, or Mr.s. Surratt's 
family, I believe he said, but I will not say 
positively that he said by whom, or that 
Mrs. Surratt's name was mentioned in the 
conversation. Lloyd told Cottingham that 
the carbine was hid upstairs, and after Lloyd 
was gone Mr. Cottingham went up for it. 

J. Z. Jenkins. 

For the Defense. — May 30, 

By Mr. Aiken. 

I reside in Prince George's County, Mary- 
land. I was at Mr. Lloyd's on the 14th, 
when Louis J. Weichman and Mrs. Surratt 
drove up to the house. Mrs. Surratt showed 
me a letter from George Calvert, also two 
judgments that Mr. Calvert obtained in the 
Circuit Court of our county against Mr. Sur- 
ratt, sen. She said this letter brought her 
there, and I made out the interest on those 
judgments for lier. She expressed no wish 
to see John M. Lloyd, and she was ready to 
start some time before he came, and was on 
the point of going wlien Lloyd drove up. 
Her business was with Captain Gwynn, and 
when he came in sight she went back and 
staid. Lloyd was very much intoxicated at 
the time. 

My intercoiirse with Mrs. Surratt has been 
of an intimate character. She has never, to 
my knowledge, breathed a word that was dis- 
loyal toward the Government; nor liave I ever 
heard her make any remark showing her to 
have knowledge of any plan or conspiracy to 
capture or assassinate the President or any 
member of the Government. I have known 
her frequently to give milk, tea, and such 
refreshments as she liad in her house, to 
Union troops when they were passing. Some- 
times she received pay for it; at other times 
she did not. I recollect when a large number 
of horses escaped from Giesboro, many of 
them were taken up and put on her premises. 
These horses were carefully kept and fed by 
her, and afterward all were given up. She 
received a receipt for giving them up, but 
never got any pay, to my knowledge. 

I know that Mrs. Surratt's eyesight is de- 
fective. I have seen a man by the name of 
A. S. Howell stopping, 1 believe twice, at 
Mrs. Surratt's hotel. He was stopping thert 
as other travelers do. 

By Mr. Clampitt. 

I saw Mrs. Surratt, at Surrattsville, a few 
days before the assassination of the Presi- 
dent. 

Q. At that meeting did she not state to 



128 



THE CONSPIRACY TRIAL, 



you, when you asked for the news, tliat our 
uriiiy liail raptured General Lee's army and 
taken Hiclmiond? 

Assistant .Judge Advocate Bctrnett ob- 
jected to tlie question as incompetent and 
irrelevant. 

Mr. Ci..\MPiTT stated that the object of the 
question was to show that the accused, Mary 
E. Surratt, had, a few days before the assas- 
sination, exhibited in her expressions a loyal 
feeling. 

Assi.<tant Judge Advocate Burnett stated 
that the way to prove her ciiaracter for loy- 
alty was by bringing witnesses who knew 
her reputation in that respect, and not by 
bringing in her own declarations. 

Mr. CLA.MP1TT waived the question. 

Mrs. Surratts reputation for loyalty was 
very good. I never heard it questioned, and 

1 never heard her express any disloyal sen- 
timents. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

Mrs. Surratt is my sister. I live about a 
mile and a half this side of her place. I 
was arrested by the Government about ten 
days ago. About 10 or 11 o'clock the night 
before, I met a man by the name of Kallen- 
bach, and another by tiie name of Cottingham. 
All that I said on that occasion, that I re- 
member, was that my sister had fed his 
family (Kallenbach's); but I did not say 
that if Kallenbach or any one else testified 
against my sister, that I would send him to 
hell, or see that they were put out of the 
way, nor did I use any threats against him 
in case he appeared as a witness against 
Mrs. Surratt. What I did say was, that I 
understood he was a strong witness against 
my sister, which he ought to be, seeing that 
she had raised his family of children. I 
disremember calling him a liar during the 
conversation, and if there was any angry 
or excited conversation, I did not mean 
it any how. He said nothing to me 
about John H. Surratt going to Richmond 
with the full knowledge and consent of his 
mother. Mrs. Lloyd was there and heard 
our conversation, and so also was Mr. Cot- 
tingham. 

On the 14th of April, when Mrs. Surratt 
was at Lloyd's, 1 saw Mr. Gwynn there, and 
perhaps from ten to fifteen others, during 
that time; among them, Kallenbach and 
Walter Edelin. 1 was there from between 

2 and 3 o'clock until a little after sundown. 
I saw Mr. Surratt speaking to Mr. Gwynn 
in the parlor; Weichmann also was in the 
parlor, I think. Gwynn left the house before 
Mrs. Surratt. 

I think that during the war my attitude 
toward the Government has been perfectly 
loyal. During the revolution, I have spent 
$3,000 in my district to hold it in the Union, 
and during the struggle I have taken no part 



against the Government I have been en- 
tirely on the side of the Government during 
the whole war, and never, by act or word, 
have I aided or abettetl the rebellion, anil 
never has the scrawl of a pen gone from 
me across to them, nor from them to me. I 
have never fed any of their soldiers, nor 
induced any soldiers to go into their army, 
nor aided and assisted them in any way. 

.Re-examined by Mb. Aikes. 

I am under arrest, but I do not know what 
for. The commissioners of our county of- 
fered $2,000 for any information that could 
be given, leading to the arrest of any party 
connected with the assassination, which Mr. 
Cottingham claimed on account of having 
arrested John M. Lloyd, and he asked me if 
I would not see the State's Attorney and see 
whether he could get it or not. 

When I said tiiat Mr. Kallenbach ought 
to be a strong witness against my sister, on 
account of her bringing his children up, I 
spoke ironically. 

J. Z. Jenkins. 

Recalled for the Defense. — June 7. 

By Mr. Aiken. 

In 1861, about the time of the first Bull 
Run fight, I got a United States flag from 
Washington, which I and several of our 
Union neighbors raised. There came a report 
shortly after that it was going to be taken 
down by the secesh sympathizers. I went 
round the neighborhood and collected some 
twenty or thirty men with muskets, double- 
barreled guns, or whatever they had, and 
we lay all night round the flag to keep it up. 
I was there one night and a day, 1 think. 
At the time of the election, when they were 
all Democrats round there except myself, I 
used money, when I had n't it to spare and 
my family needed it, to get Union voters into 
Maryland. I remember bringing Richard 
Warner from the Navy Yard, Washington, 
to the polls, lie had not been away long 
enough to lose his vote. I have never had 
any intercourse, one way or another, with 
the enemies of my country. Ai the election 
for Congress, in 1862, I was not allowed to 
vote; I was arrested on the morning of the 
election. I took the oath of allegiance at 
the time they were voting on the adoption of 
the new constitution, and voted that day. 
The last time I voted for member of Congress 
was for Harris; then, for the first time in 
my life, I voted the Democratic ticket I 
have been an old-line Whig. I have suf- 
fered fronj the war in the loss of my negroes; ; 
but I never, to my recollection, made any! 
complaint about that When the Stale de- ' 
clared her new constitution, I was willing for ■ 
them to go. 



J 



DEFENSE OF MRS. MARY E. SURRATT. 



129 



EicHARD Sweeney. 

For 'he Defense. — June 12. 

By Mr. Aiken. 

1 met John M. Lloyd at Marlboro on the 
14th of April last, and rode back with him 
part of the way toward his home. He was 
considerably under the influence of liquor, 
and he drank on the road. 

By Mr. Clampitt. 

I am acquainted with J. Z. Jenkins, the 
brother of Mrs. Surratt. I have known him 
for ten years, and can speak confidently of 
his reputation as a loyal man. At the outset 
of these difficulties he was a zealous Union 
man. A Union flag was erected within one 
hundred yards of where I boarded, and there 
was a rumor that it was to be cut down, and 
Jenkins was one of the men who took a gun 
and remained there all night for the purpose 
of guarding the flag. 

Cross-examined by the Judge Advocate. 

Lloyd returned from Marlboro to Sur- 
rattsville in his buggy; I was on horseback. 
We both drank; I do not know which drank 
the most; we drank from the same bottle. 
Lloyd was excited in his conversation and 
deportment generally; but he kept the road 
straight, and I did not see him deviate from 
it. It was six miles to Surrattsville from 
where we parted. I thought he could take 
care of himself. 

Q. Have you been entirely loyal yourself 
during the rebellio'n ? 

A. I suppose so, and think so. I have 
never done any thing inimical to the interests 
of the Government, that I know of 

Q. Have you never desired the success of 
the rebellion ? 

A. No, sir ; I never expressed any desire 
for its success. 

Q. Have you always desired that the Gov- 
ernment should succeed in putting down the 
rebellion ? 

A. I can not say but what my feelings 
were neutral in the matter. 

Q. Are you quite sure they were neutral? 
It is very difficult to be neutral in such a war 
as this has been. 

A. I think I was about as strictly neutral 
as anybody else. 

Q. When you examine your feelings closely, 
if you can recall them, have you not an im- 
pression that at some time or other you 
preferred that the rebellion should succeed? 

A. I may possibly have done so. I think 
I exercised a neutral feeling very neai'ly. 

Q. You were neutral in your conduct? 

A. And in my feelings— as strictly neutral, 
I think, as anybody else. 

Q. You think you \/ere perfectly indif- 
ferent whether the Government succeeded or 
failed. 

A. I waa. 

9 



James Lusbt. 

For the Defense. — June 2. 

By Mr. Aiken. 

I reside in Prince George's County, Md. I 
was at Marlboro on Good-Friday, the day 
that Mr. Lincoln was killed. Mr. Lloyd 
and I returned from Marlboro to Surratts- 
ville together. He was very drunk on that 
occasion ; I got there about a minute and a 
half, perhaps, before he did. I drove to the 
bar-room door, and he went round to the front 
door. I saw Mrs. Surratt just as she was about 
to start to go home. Her buggy was standing 
there at the gate, when we drove up, and 
she leil in fifteen or twenty minutes after 
that 

Cross-examined by Assistant Judge Advocate 
Bingham. 

When I got out of my wagon, I went into 
the bar-room to get a drink; and I do not 
know what took place in the mean time, 
when Lloyd went round the house. I am 
quite sure Lloj'd was drunk. 1 had been 
quite smart in liquor in the course of the day 
before I met Lloyd, and then took drinks 
with Lloyd; but I do not think I was as 
tight as he; nor do I think I am altogether 
mistaken as to who was drunk that day. I 
did not see him take the fish out of his 
buggy. He did not drive into the yard ; he 
drove to the front gate, I know; I did not 
see him go out. It is twelve miles from Marl- 
boro to Surrattsville — about two and a half 
hours' drive. We drove along pretty brisk. 

J. V. Piles. 

For the Defense. — Jxtne 13. 

By Mr. Aiken. 

I live about ten miles from Washing- 
ton, in Prince George's County, Md. I am 
personally acquainted with J. Z. Jenkins, 
and have known him ever since I was a 
little boy. I regarded him, formerly, as one 
of the most loyal men in that part of the 
country. I thought that he and I were two 
of the most loyal men there, at the begin- 
ning of the rebellion. A flag was raised, sent 
down, as I understood, by Mr. John Murphy, 
the butcher, who lived at the Navy Yard, 
Washington, about a month before the riots 
in Baltimore. A little while after, the news 
was spread, that a party from the Southern 
States, or from the lower counties of Mary- 
land, were coming to cut it down. About 
twenty men were raised in our neighbor- 
hood, who armed themselves to protect the 
flag, and Mr. Jenkins, I believe, was among 
the number who staid with us that night. 
I have never heard a disloyal sentiment 
from Mr. Jenkins, nor do I know of any 
overt acton his part that might be construed 
into disloyalty; but I have not been in his 
company of late. .About six months ago .1 



130 



THE CONSPIRACY TRIAL. 



hail pome conversation with him, when he 
said lie was as good a loyal man as P was. 
Whether lie regarded nie disloyal, and him- 
eelt' too, or whether he regarded us both 
loyal, I can not say. 

Cross-examined by Assistant Judge Advocate 
Burnett. 

Since 1862 I have not heard any direct 
expression of opinion from him ; but since his 
negroes liave been taken from him, rumor 
says he is not quite so good a Union man as 
he was in the beginning. That is the gen- 
eral rumor. 

J. C. Thompson. 

For the Defense. — June 7. 

By Mr. Aiken. 

I live at Tee Bee, Prince George's County, 
Maryland. I have known J. Z. Jenkins 
since 1861, and have always considered him 
a loyal man. 

Cross-examined by Assistant Judge Advocate 
Burnett. 

I do not know that I am a competent 
judge of loyalty; I have always considered 
myself loyal, and I think that such has 
been my reputation. I have never desired 
the success of the Southern rebellion, and 
have been all the time on the side of the 
Government 

Dr. J. H. Blandford. 

For the Defense. — June 7. 

By Mr. Aiken. 

I am acquainted with J. Z. Jenkins, and 
Lave regarded him as loyal to the Govern- 
ment of the United States. I never heard 
him express any disloyal sentiments; and at 
the beginning of the war, he was generally 
avoided by those who were not thoroughly 
in favor of the administration. Mr. Jenkins, 
I know, supported the opposition candidates 
to the Democracy. 

I know Andrew Kallenbach; he is a 
Democrat, and has always acted with the 
Democratic party. 

VVm. p. Wood. 

For the Defense. — June 5. 

By Mr. Clampitt 

I am at present Superintendent of the Old 
Capitol Prison. I know J. Z. Jenkins, and 
have been intimately acquainted with him 
for five years. In 1860 and 1861, Mr. Jen- 
kins was counted as one of the most reliable 
Union men in that district, and I know that 
up to 1862 he labored himself, and urged 
his friends to labor, and spent his means 
freely, to keep the State of Maryland in the 
Union. In 1862 and 1863, I understood that 
he came to this city to obtain voters who 



had left the State of Maryland, but who had 
not lost their residence, to return to Mary- 
land to vote the Union ticket 

I do not know of my own knowledge, but 
it was generally understood by those acting 
with the administration, that aAer the first 
battle of Bull Kun, Mr. Jenkins procured a 
United States flag and hoisted it in his 
county, and that, when certain rebel sym- 
pathizers threatened to haul it down, he 
gathered a band of from twenty to fifty Union 
men, and stood by it all night to protect it. 
I believe Mr. Jenkins to be a loyal man. I 
never heard him utter any sentiment-s against 
the Government of the United States, but he 
is very bitter on the administration on ac- 
count of the negroes. Outside of this, I 
believe him to be a truly loyal man. The 
people down there, who, in the early part of 
the war, acted with the administration, are 
now dissatisfied with it on account of its 
action on the subject of slavery, and there is 
scarcely a single friend of the administration 
in that county now. 

I never heard him express any desire for 
the success of the South; but I have heard 
him express himself very positively the other 
way. Mr. Jenkins is now under arrest at 
the Old Capitol Prison, but I do not know 
what for. 

Cross-examined by the Judge Advocate. 

Q. Do you not regard such bitter hostility 
to the Government, in a civil war like this, 
as in the interest of the public enemy, and 
therefore disloyal ? 

A. Lately I have not corvsidered him sound 
on the subject, and have had very little to 
do with him, except on account of former 
friendship in past times. I thought then he 
was as loj'al as any man in the county, and 
regarded him as such, and treated him as a 
friend; but at the last election he voted for 
Harris, and was in with these other parties, 
and I did not like that stiite of affairs, and 
hence had not that political confidence in 
him that I had previously. 

Miss Anna E. Sdrratt. 

For the Defense.— May 30. 

By Mr. Aiken. 

I was arrested on the 17th of April, and 
have since been confined at Carroll Prison. 

I have met Atzerodt, the prisoner at the 
bar, at our house in Washington City. I do 
not think he remained over night but once. 
He calleil very often, and asked for that man 
Weichman. He was given to understand 
that he was not wanted at the house; ma 
said she did not care about having strangere 
there. The last time Atzerodt was there, 
Weichman engaged the room for him, and 
asked ma to allow him to stay there all night 
They were sitting in the parlor, and made 
several signs over to each other. Weichman 
and he then left the room, and presently 



DEFENSE OF MRS. MARY E. SURRATT. 



131 



"Weichman came back and asked ma if ehe 
would have any objections to Atzerodt re- 
maining there that night; that he did not 
feel at home at an hotel. After thinking for 
some time, ma said, " Well, Mr. Weichman, 
I have no objections." Mr. Weichman was 
a boarder at my mother's house, and was but 
too kindly treated there. It was my mother's 
habit to sit up for him at night, when he was 
out of the house; she would sit up and wait 
for him the same as for my brother. 

Payne first came to our house one night 
after dark, and left very early the next morn- 
ing. That was not long after Christmas. 
Some weeks afterward, he came one night 
when we were all in the parlor. Weichman 
went to the door and brought the gentleman 
in, and I recognized him as the one who had 
been there before under the name of Wood. 
I did not know him by the name of Payne at 
all. I went down stairs to tell ma that he 
was there. She was in the dining-room. She 
said she did not understand why strange per- 
sons should call there, but she supposed their 
object was to see my brother, and she would 
treat them politely, as she was always in the 
habit of treating ever^-^ one. He called two or 
three times after that — perhaps the same 
week, or two weeks after — I can not say 
exactly. On this visit, as we were sitting in 
the parlor, he said, " Mrs. Surratt, if you have 
no objection, I will stay here to-night; I in- 
tend to leave in the morning." And I believe 
lie did leave the next morning. 

I have met John Wilkes Booth at our 
house. The last time he was there was on 
Friday, the 14th, I think; I did not see him; 
I heard he had been there. 

My m(^her went to Surrattsville on the 
Friday of the assassination, and I think her 
carriage was at the door at the time M;-. 
Booth called. I heard some one come up 
the steps as the buggy was at the door, and 
ma was ready to start. Ma had beeti talk- 
ing about going during the day, before Booth 
came, and perhaps the day before; she said 
she was obliged to go on some business in 
regard to some land. Mr. Booth only staid 
a very few minutes. He never staid long 
when he came. 

fA picture, called " Morning, Noon, and Night," was 
exhibited to the witness.] 

That picture belonged to me; it was given 
to me by that man Wfeichman, and I put a 
photograph of John AVilkes Booth behind it. 
I went with Miss Honora Fitzpatrick to a 
daguerrean gallery one day to get her picture ; 
we saw some photographs of Mr. Bootii there, 
and, being acquainted with him, we bought 
two and took them home. When my 
brother saw them, he told me to tear them 
up and throw them in the fire, and that, if I 
did not, he would take them from me. So I 
hid them. I owned photographs of Davis, 
Stephens, Beauregard, Stonewall Jackson, 
and perhaps a few other leaders of the rebel- 



lion. My father gave them to me before his 
death, and I prize them on his account, if on 
nobody else's I also had in the house pho- 
tographs of Union Generals — of General 
McClellan, General Grant, and General Joe 
Hooker. 

The last time I saw my brother was on 
Monday, the 3d of April; 1 have never seen 
him since. He may have been on friendly 
terms with J. Wilkes Booth. Mr. Booth 
called to see him sometimes. I never asked 
him what his friendship was to Booth. One 
day, when we were sitting in the parlor. Booth 
came up the steps, and my brother said he 
believed that man was crazy, and he wished 
he would attend to his own business and let 
him stay at home. He told me not to leave 
the parlor, but I did. 

Assistant Judge Advocate Burnett. Miss 
Surratt, you ought to be cautioned here, that 
the statements or conversations of Mr. Sur- 
ratt, or Mr. Booth, or your mother, are not 
competent testimony. You should state sim- 
ply what was done, and not give the state- 
ments of the parties; and the counsel ought 
not to ask for such statements. 

Mr. Aiken. [To witness.] In giving your 
evidence you will avoid giving statements 
that you heard your brother make, and the 
language he used. State only what you 
know, as far as your knowledge goes. 

My brother was at St. Charles's College, 
near Ellicott Mills, Maryland, in 1861; but 
he was not a student of divinity. He was 
there, I think, three scholastic years, and 
spent his vacations, in August, at home. 
During the time he was not at home for 
vacation he was at college. 

I never, on any occasion, heard a word 
breathed at my mother's house of any plot 
or conspiracy to assassinate the President of 
the United States; nor have I ever heard 
any remarks in reference to the assassination 
of any member of the Government; nor did 
I ever hear discussed, by any member of the 
family, at any time or place, any plan or 
conspiracy to capture the President of the 
United States. 

My mother's eyesight is very bad, and she 
has often failed to recognize her friends. She 
1ms not been able to read or sew by gaslight 
for some time past. I have often plagued 
her about getting spectacles, and told her she 
was too young-looking to wear spectacles 
just yet; and she has replied that she could 
not read or see without them. 

By Mr. Ewing. 

My brother left college in 1861 or 1862, the 
year my father died. I was at school at 
Bryantown from 1854 until 1861; I left on 
the 16th of July. Surrattsville, where we 
formerly resided, is on the road between 
Washington and Bryantown. 

I never saw Dr. Samuel Mudd in my 
mother's house in Washington. 



132 



TUE CONSPIRACY TRIAL. 



Recalled for the Defense. — June 7. 
By Mr. Aiken*. 

[Submitting to the witness tliecnrd rontainins thoarm* 
of the :>tatc of Virginia, with the motto " Sic trniptr 
(yra»iu«."J 

I recognize that card ; it belongs to me, 
ami was given me by a lady about two and 
ft hair years ago. 

By Mb. Ewixo. 

We commenced moving from Surratt9\-ille 
to the house on II Street about the Ist of 
October last; I went tiiere myself about the 
first week in November. We have occupied 
no other house in Washington. 

I have never seen Judson Jarboe at our 
liouse ; he never visited the house at all. I 
have seen him pass in his buggy in the coun- 
try, but I have never seen him to speak to 
him. I never saw Dr. Samuel Mudd at my 
mother's house in the city, nor heard of his 
being there. 

• 
Miss IIoxora Fitzpatrick. 

For the Defense. — May 25. 

By Mr. Aikex. 

I boarded at the house of Mrs. Surratt, on 
H Street, from the 6th of October last till I 
was arrested. I met the prisoner Payne at 
breakfast one morning, I think in March or 
April last I have seen him there twice; 
the last time was in March. 

I know the prisoner. Atzerodt. I have 
seen him at Mrs. Surratt's, but I do not know 
in what month. He only stayed there a 
short time; I think Mrs. Surratt sent him 
away. I occupied the same room as Mrs. 
Surratt, and Miss Surratt slept in the same 
room for a time. 

[The pictnrp, " Morning, Xoon, and Kight," was cxhib- 
it'.-d tu Che witness.] 

I know this picture ; it belonged to Miss 
Surratt, and was kept on the mantle-piece, 
but I do not know of any photograph placed 
behind it. I bought a photograph of J. 
Wilkes Booth, and took it to Mrs. Surratt's 
house; Miss Anna Surratt also bought one. 
The last time I saw Mr. Booth at Mrs. Sur- 
ratt s was on the Monday before the assas- 
sination. John Surratt had left a fortnight 
before, and I never paw him after. 

I am acquainted with Louis J. Weichman ; 
he was treated in Mrs. Surratt's house more 
like a son than a friend. 

Mrs. Surratt has complained that she could 
!iot read or sew at night on account of her 
eight. I have known of her passing her 
friend, Mrs. Kirby, on the same side of the 
street, and not see her at all. 

Oroti-examined by the Judge Advocate. 

The photographs of Stephens, Beauregard, 
*jid Daris did not belong to me. 



liecalled fur the Defense. — June 9. 

By Mb. Aikex. ^^> 

I was at communion with Mrs. Surratt on 
Thursday morning, the I'ith of April. I was 
present at the time of Payne's arrest at Mrs. 
Surratt's house. I did not recognize him at 
the house, but I did at General Augur's 
office, when the skull-cap was taken ott" his 
head. 

I know Mrs. Surratt's eyesight is defective; 
I have often threaded a needle for her when 
she has been sewing during the day, because 
she could not see to do it herself, and I have 
never known her to sew or read by gaslight 
I never .saw Judson Jarboe until 1 got ac- 
quainted with liim at Carroll Prison. I never 
.law Dr. Samuel Mudd at Mrs. Surratt's 
house, and never heard his name mentioned 
there. 

Cross-examined by Assistant Judge Advocate 
Burnett. 

When we were at General Augur's head- 
quarters, Mrs. Surratt was taken in another 
room. Payne was down behind the railing, 
in the room in which Miss Surratt, Miss 
Jenkins, and myself were. The only time 
that Mrs. Surratt was in the room with us 
was when Miss Surratt gave way to her feel- 
ings, because some one suggested that this 
man Payne was her brother, John H. Surratt 
I do not remember that Mrs. or Miss Surratt 
said there that they had never seen that 
man before. Miss Surratt remarked that 
that ugly man was not her brother, and she 
thought whoever calleil him so was no gen- 
tleman. He had his cap off at that time. I 
did not hear her denv that she ha<Lever seen 
him. ' • 

I do not remember whether the officers 
called Mrs. Surratt out to see Payne at the 
time of his arrest at the house; 1 remained 
in the parlor all the time. \^ 

Mrs. Eliza Holahan 

For the Defense. — May 25. 

By Mr. Aiken. 

I boarded with Mr.s. Surratt from the 7th 
of February until two days after the assas- 
sination. I know the prisoner at the bar 
who called himself ''Wood," [Payne;] I 
saw him at Mrs. Surratt's in February, and 
the second time, I think, about the middle of 
March. He was introduced to me as Mr. 
Wood, but I never e.xclianged a word with 
him on either visit I asked Miss Anna Sur- 
ratt who he was, and she said he was a Mr. 
Wood, a Ba))ti9t minister. I said I did not 
think he would convert many souls; he did 
not look as if he would. He was there but 
one night on his lirst visit, and on the sec- 
ond, two or three days, I think; it was after 
the inauguration. I have seen the prisoner 
Atzerodt at Mrs. Surratt's, though I never 



DEFENSE OF MRS. MART E. SURRATT. 



133 



heard of him by that name; he called him- 
eelf, and the young ladies called him, " Port 
Tobacco. " I saw him come in at times, and 
he dined there once or twice. I heard Mrs. 
Surratt say she objected to Mr. Atzerodt; she 
did not like him, and that she would rather 
he did not come there to board. I can not 
say that I was intimate with Mrs. Surratt; 
I liked her very much; she was a very kind 
lady to board with; but I was more intimate 
with her daughter than I was with her. 

Q. In all the time you boarded in her 
house did you ever hear Mrs. Surratt say any 
thing with reference to the existence of" a 
conspiracy to assassinate the President? 

Assistant Judge Advocate Bixghaji ob- 
jected to the question. The law so hedges 
about this matter of crime that those who are 
charged with it are never permitted to prove 
their own declarations in their own favor, be- 
cause, if it were so, the greatest criminal that 
ever cursed the earth and disgraced our com- 
mon humanity could make an abundant 
amount of testimony out of the mouth of the 
most truthful people living. 

Mr. AiKEX replied, that if the witness had 
heard Mrs. Surratt make any remarks with 
reference to a conspiracy, and disclosed to her 
any knowledge of that fact, it would be val- 
uable evidence on the part of the Government, 
and it would be just as valuable to the defense 
if she did not. 

The question was waived. 

I have seen John "Wilkes Booth at Mrs. 
Surratt's three or four times. When he called, 
he spent most of his time in company with 
Mrs. Surratt, I believe ; he would ask for Mr. 
John Surratt, as I understood; if he was not 
there, for Mrs. Surratt, 

Mrs. SKirratt's eyesight was defective. I 
never saw her read or sew after candlelight. 
I went to Church with Mrs. Surratt during 
Lent very often; she was very constant in 
her religious duties. 

I have not seen John Surratt since early 
in March, when he was last at home. 

George B. Woods. 
^or the Defense. — May 25. 

I reside in Boston. I have been in the 
habit of seeing, in Boston, photographs of 
tlie leaders of the rebellion exposed for sale, 
the same as Union celebrities. 

Q. Have you not seen them in the pos- 
Bession of persons supposed to be loyal ? 

Assistant Judge Advocate Bingham ob- 
jected to the question as immaterial. 

Mr. Aiken waived the question. 

Augustus S. Howell. 

For the Defense. — May 27. 

My name is Adgustus Howell. I first be- 
came acquainted with Mrs. Surratt and John 
H. Surratt about a year and a half ago, atSur- 



rattsville. I was present one evening, when 
she handed me a newspaper to read for her; 
and I called one evening at her house, about 
the 20th of Februarj', and, although the gas 
was lit in the hall, she failed at first to 
recognize me 

I met Louis J. Weichman once at Mrs 
Surratt's ; I remained there two days or more. 
I had no particular business, and I went to 
Mrs. Surratt's because I knew them, and 
because it was cheaper than at an hotel. 

AVhen I saw Mr. Weichman I showed him 
a cipher, and how to use it. Weichman then 
made one himself. 

[The cipher found among Booth's effects was exhibited 
to the witness.] 

The cipher I showed to Mr. Weichman 
was the same as this. 

Q. Did Mr. Weichman at that time give 
you any information in regard to the num- 
ber of prisoners that we had on hand ".' 

Assistant Judge Advocate Bingham objected 
to the question, inasmuch as Mr. Weichman 
was never asked any question in relation to 
that matter in his cross-examination. 

The question was waived. 

I had some conversation with Mr. Weich- 
man with respect to his going South; he 
said he would like to go South, or intended 
to go South. 

Q. Did he say any thing, in connection 
with his wishes to go South, of his sympa- 
thies ? 

Assistant Judge Advocate Bingham ob- 
jected to the question, inasmuch as Mr. 
Weichman had not been asked, on his cross- 
examination, whether he had stated any thing 
to Mr. Howell about his sympathies at that 
time and place. 

The question was waived. 

Mr. Weichman said he would like to go 
South with me, but he was not ready, he said, 
to go at that time; but as soon as he got his 
business arranged he was going. He asked 
me if I thought he could get a position in 
Richmond ; I told him I did not know whether 
he could or not, as the wounded and invalid 
soldiers generally had the preference in the 
offices there by an order of the War Depart- 
ment. He told me that his sympathies were 
with the South, and that he thought it would 
ultimately succeed. I believe he said he had 
done all he could for that Government — re- 
ferring to the South. We had some conver- 
sation in regard to the number of prisoners 
on hand, and he stated to me the number of 
Confederate prisoners the United States Gov- 
ernment had on hand, and the number they 
had over that of the Confederate Government. 
I doubted it at the time, but he said it would 
not admit of doubt; that he had the books 
in his own office to look at 

In that conversation, I think, Mr. Weich- 
man said he had done all he could for the 
South; he expressed himself as a friend of 
the South, as a Southern man or a secesh 
sympathizer would. 



134 



THE CONSPIRACY TRIAL. 



Cross-examined by Assistant Judge Advocate 
Burnett. 

Before the war, I reaided principally in 
Prince Creorge's County, Md. ; for about two 
years, off and on, I have lived in .King 
George County, Va. 

(2- What has been your business for the 
last year and a halt? 

Mr. Aiken. I oiiject to the question. In 
the examination in chief, the witness was 
asked nothing at all with reference to his 
business, one way or the other. I do not 
object to his stating it, if he wishes to do so, 
but I do not think it is relevant. 

Assistant Judge Advocate Burnett. The 
Court has the right to know the status of the 
witness. We have a right to know whether 
his employment was loyal or disloyal, and 
whether that fact was known to the familv 
of Surratts. It is always competent to give 
to the Court the full status of the witness 
during the time about which he testifies. It 
is but the ordinary course of cross-examina- 
tion. 

General Wallace. I should like to hear 
the reason of the objection. 

Mr. Aiken. It is objected to, first, because 
no question was asked the witness in the ex- 
amination in chief, in referewce to what liis 
business has been ; and, secondly, because it 
is entirely irrelevant to the issue now before 
us, in every way and shape. 

The Commission overruled the objection. 

Mr. Aiken. I now object to the witness 
answering the question. He is not obliged 
to do so, if his answer will tend in any way to 
criminate himself as to any thing in which 
he has been engaged; and if he does not 
wish to answer the question, he has the privi- 
lege not to do it. 

Assistant Judge Advocate Burnett. If it 
is placed on the ground of personal security, 
if the witness claims that privilege at the 
hands of the Court, he can make that claim, 
and I will not press that portion of the ques- 
tion. [To the witne.-^s.] It is your right, and 
I appri.se you of it now, to claim protection at 
the hands of the Court against any matter 
that will criminate yourself. 

Witne.ss. I have had no particular occu- 
pation since I came out of the Confederate 
army. I was in the First Maryland Artillery 
of the Confederate service, during the first 
year of the war, up to July, 1862, I believe. 
Since then I have not been employed in any 
particular business. I have been to llich- 
mond occasionally. Sometimes I went once 
a month, sometimes once in two or three 
months. I do not think I have been but 
twice the last year. I was there in Decem- 
ber, and again in Feljruary, I think. Some 
one might have gone with me in December, 
but I do not remember who it was. \\\ Feb- 
ruary, some half dozen accompanied me, but 
tliey were principally from the neighborhood 
ia the county. I had no particular business 



in Richmond but to see some friends, and to 
get some drafts. Our Maryland boys gen- 
erally sold drafts, and I used to go down 
to Richmond occasionally to buy draAs for 
them. 

Q. On whom did you buy drafts? 

A. Tliat would be implicating others, and 
I do not wish to answer that question. 
Any thing relative to myself I will answer 
willingly. 

Assistant Judge Advocate Burnett. Pro- 
tection on the stand only applies to yourself, 
not to others. 

WiTNES.s. They were upon some of my 
friends in Maryland. They were not upon 
any of the accused, or any person in Wash- 
ington. I never carried any dispatches in 
my life. 

I have been at Richmond about half a 
dozen times since I have known the Surratts. 
I can not say that I was known to my 
friends as a blockade-runner. 

My name is Augustus Howell ; that is my 
correct name. I generally write my name 
A. S. Howell. "S" stands for Spencer. My 
friends call me Spencer, but I seldom use 
the ''S" in my name. 

The cipher 1 showed to Weichmann I 
learned out of a magician's book. I have 
been acquainted with it for six or seven 
years. 

I never met a person by the name of Mra. 
Slater at Mrs. Surratt's house. I met a lady 
by that name in AVashington, about the 20th 
or 22d of February, and had some conver- 
sation with her in front of Mrs. Surratt's house. 
We went to Virginia together. John H. Sur- 
ratt was with her in the buggy. I met Mrs. 
Slater in Richmond about the last of Feb- 
ruary. It was soon after I saw her in front 
of Mrs. Surratt's house, that I met her in 
Richmond. 

I staid about two days and a half at Mrs. 
Surratt's in February. I told them that I 
had been to Richmond. I do not know tliat 
they knew my business. I had some con- 
versation with Mrs. Surratt, and judged she 
knew I was from Richmond. I think Atze- 
rodt was at Mrs. Surratt's house during the 
time I was there, but I never saw Payne. 

I used to meet Dr. Mudd occasionally, 
when I was at Bryantown. He never sent 
messages by me to Richmond, nor did I 
bring any back to him. I was at his house 
about a year ago, but never made it a stop- 
ping-place. I had lost a pistol which I left 
at a house in Bryantown, and I asked him 
to go there and get it for me, but he did not. 
I was going up into the country, and did not 
miss the pistol until I was passing Dr. Mudd's 
place. It was because his liouse was the 
nearest that I went in and asked him to get 
it for me. 

I brought one drat\ from Richmond, from 
young Marriott, in Prince George's County, 
Maryland, for his sister, of $200, and fof which 
I paid at the rate of $800 of Confederate for 



DEFENSE OF MRS. MARY E. SURRATT. 



135 



$100 of United States money. Another from 
young Tolson, which I have not yet collected, 
and another from a young man by the name 
of Cliew, on his brother in Anne Arundel 
County. 

I do not know any thing of Weichman's 
having quarreled with the Surratt family, 
because lie was loyal and they were disloyal, 
nor did I know that it was his intention to 
glean from me all I knew for the purpose of 
turning me over to the military authorities; 
if so, he did not succeed. I never took the 
oath of allegiance to the Unit;d States. 

By Mk. Ewing. 

I frequently saw Dr. Mudd at Bryantown 
before the war. I have never had any com- 
munication with him, except in regard to that 
pistol.* 

Miss Anna Ward. 

For ihe Defense. — Ju7ie 3. 

By Mr. Aiken. 

I reside at the Female [Catholic] School, 
on Tenth Street, Washington. I have been 
acquainted with Mrs. Surratt between six and 
eight years. I know Mrs. Surratt' s eyesight 
to be defective; she has failed to recognize 
me on the street. On one occasion, at her 
house, I gave her a letter to read, and she 
handed it back, saying she could not see to 
read by gaslight. I am near-sighted myself 
On one occasion something was pointed out 
to me, and I was laughed at for not seeing 
it, as it was pretty close by, and Mrs. Surratt 
remarked that she supposed I was something 
like herself; I could not see ; and that she 
labored under the same difficulty. 

I have not been very intimate with Mrs. 
Surratt. She always bore the character of a 
perfect lady and a Christian, as far as my ac- 
quaintance with her extended. 

Cross-examined iy Assistant Judge Advocate 
Bingham. 

My last visit to Mrs. Surratt's house was on 
the day of the assassination. Some time in 
February or March, perhaps, I went to the 
Herndon House to ask if tiiere was a vacant 
room. I did not engage a room; I simply 
went there to ask if there was a vacant room. 
I said nothing about its being for a delicate 
gentleman, lor I did not known for whom it 
was intended. I have met Mr. Weichman, 
Mr. Ilolahan, and Mr. Booth at Mrs. Surratt' .s, 
but do not know that I ever met any of the 
prisoners at the bar there. I can not see them 
well enough to know them, but do not think 
I have. 

I received two letters from John H. Sur- 
ratt, post-marked Montreal, C. E., for his 
mother. 1 do not recollect the date of the 
first I received ; it was probably one or two 



•We can not present the contradictions and prevarica- 
tions of this witness witlioiit occupying many pages. In 
each case we give his last statements, many of tlicm flatly 
contradicting those made a few moments before. 



days before the second, and that I received 
on the day of the assassination; it was that 
which took me to Mrs. Surratt's on that day. 
He inclosed them in letters to me. I answered 
his letters to me, and left them with his mother, 
as I supposed she would be glad to hear from 
him. I have not seen them since. 

Rev. B. F. Wiget. 

For the Defense. — May 25. 

By Mr. Aiken. 

I am President of the Gonzaga College, F 
Street, between Ninth and Tenth. It is about 
ten or eleven years since I became acquainted 
with Mrs. Mary E. Surratt. I knew her well, 
and I have always heard every one speak very 
highly of her character as a lady and as a 
Christian. During all this acquaintance, noth- 
ing has ever come to my knowledge respecting 
her character that could be called unchristian. 

Q. Is there an institution in the city of Rich- 
mond for theological studies? 

Assistant Judge Advocate Bingham. I ob 
ject to that question as wholly immaterial. 
What is the necessity of inquiring into that? 
You might as well ask whether it was an 
octagon or not; whether it was two stories 
or forty stories high. If immaterial questions 
were allowed to be asked and answers ob- 
tained, and the witnesses contradicted, the 
case would never end, if the Court lived to be 
as old as Methusalah, provided a succession 
of counsel could be obtained to keep up the 
fire. Wharton's American Criminal Law, p. 
434, section 817, says: " The credit of a wit- 
ness may be impeached by proof that he has 
made statements out of court contrary to what 
he has testified at the trial. But it is only in 
such matters as are relevant to the issue that 
the witness can be contradicted. Therefore, 
a witness can not be examined as to any dis- 
tinct collateral fact irrelevant to the issue for 
the purpose of impeaching his testimony after- 
ward by contradicting his statements." 

Mr. Aiken said he would recall the recol- 
lection of the learned Assistant Judge Advo- 
cate to the fact that the answer of Mr. Weich- 
man was on the record that he was a stu- 
dent of divinity, and that he desired to^go to 
Richmond to continue his studies there. Mr. 
Weichman was interrogated as to these 
points, and the foundation was thus laid for 
impeaching his credibility as a witness. 
These questions to the witness now on the 
stand (which I have a right to put) are for 
that very purpose. 

General Wallace. The witness Weichman 
did not state that theve was a theological 
academy, or any thing of that kind, in Rich- 
mond. 

Mr. Aiken. He said that he belonged to 
that diocese, and wanted to go to that diocese 
to finish his studies. 

The Judge Advocate. He said nothing 
about a theological school there. He said he 



136 



THE CONSPIRACY TRIAL. 



wished to go there for the purpose of continu- 
ing his theological etudiea 

Mr. AiKEX. The inference was, if he was 
going to complete his theological siudies, that 
there was a school there. 

Assistant Judge Advocate Bingham. You 
do not propose to contradict inferences I sup- 
pose ? 

The Commission sustained the objection. 

Cross-examined by the Jcdge Advocate. 

I have a personal knowledge of her gen- 
eral character as a Christian, but not of her 
character for loyalty. My visits were all 
short, and political affairs were never dis- 
cussed; I was not her pastor. I first became 
acquainted with Mrs. Surratt from having 
had two of her sons with nie. I have seen 
her perhaps once in six weeks. I can not say 
I remember hearing her utter a loyal senti- 
ment since the beginning of the rebellion; 
nor do I remember hearing any one talk about 
her as being notoriously disloyal before her 
arrest. 

Kev. Feakcis E. Boyle. 

For the Defense. — May 25. 

By Mr. Aikex. 

I am a Catholic priest My residence is at 
St Peter's Church. I made the acquaintance 
of Mrs. Mary E. Surratt eight or nine years 
ago, and have met her perhaps three or four 
times since. I have heard her always well 
spoken of as an estimable lady, and never 
heard any thing to her disadvantage. I have 
never heard her utter any disloyal sentiments. 

Cross-examined by the Judge Advocate. 

I have never heard much of her sentiments, 
and do not undertake to say what her reputa- 
tion for loyalty is. 

Rev. Charles H. Stonestreet. 

For the Defense. — May 25. 

By Me. Aiken. 

I am the pastor of St Aloysius Church in 
this city. I first became acquainted with 
Mrs. Mary E. Surratt twenty years ago. 1 
have only occasionally seen her since. Dur- 
ing the last year or two, I have scarcely seen 
her. I have always looked upon her as a 
proper Christian matron. At the time of my 
acquaintance with her, there was no question 
of her loyalty. 

Cross-examined by the Jcdgb Advocate. 

I do not remember having seen Mrs. Sur- 
ratt, though I may have done so transiently, 
since the commencement of the rebellion ; 
and of her character for loyalty since then 
I know nothing but what I have read in the 
papers. 



Rev. Peter Laxihax. , 

For the Defense. — May 26. 

By Mr. Aiken. 

I am a Catholic priest, and reside near 
Bcantown, St Charles County, Maryland. I 
have been acquainted with Mrs. Mary E. 
Surratt, the prisoner at the bar, for about 
thirteen years; intimately so for about nine 
years. In my estimation, she is a good 
Christian woman, and highly honorable. I 
never heard her on any occasion express 
disloyal sentiments. 

Cross-examined by Assistant Judge Advocate 

BlXGHAiL 

Mrs. Surratt's character in her neighbor- 
hood is that of a good Christian woman. I 
have conversed with her since the rebellion 
in regard to current events and public affairs, 
and do not remember having heard any 
expression of disloyal sentiments, and I have 
been very familiar with her, staying at her 
house. I do not remember having heard her 
reputation for loyalty spoken of 

Rev. X. D. Young. 

For the Defense. — May 26. 

By Mr. Aiken. 

I am a Catholic priest; I reside at the 
pastoral house of St Dominick's Church, on 
the Island, on Sixth Street, in "Washington 
City. I became acquainted with Mrs. Mary 
E. Surratt about eight or ten years ago. My 
acquaintance has not been intimate. I have 
occasionally seen her and visited her. I had 
to pass her house about once a month, and 
generally called there — sometimes staid an 
hour. Her reputation, as far as I have 
heard, is that of a Christian lady, in every 
sense of the word. I have heard her spoken 
of with the greatest praise, and never heard 
any thing of her but what was highly favor- 
able to her character. She never expressed 
any disloyal sentiments to me. 

Cross-examined by the Judge Advocate. 

I never lieard her speak upon current 
events in any manner, loyal or disloyal. 

William L. Hoyle. 

For the Defense. — May 26. 

By Mr. Aiken. 

I reside on Missouri Avenue, Washington. 
I am not particularly acquainted with Mrs. 
Surratt 1 have a store acquaintance only ; 
I know notiiing of her, and have heard 
nothing against her. I never heard her 
express any disloyal sentiments ; I never had 
any political conversation with her. 

1 know John II. Surratt by sight I last 
saw him in this city about the end of Feb- 
ruary or the beginning of March. Just 



DEFENSE OF MRS. MARY E. SURRATT 



137 



prior to the araftl saw him in the store. In 
appearance he is rather delicate looking; 
tall, about six feet in hight, of light complex- 
ion, and about twenty-two or twenty-three 
years of age. I think he had neither goatee 
nor moustache when I saw him, though I 
will not be positive. 

Cross-examined by Assistant Jcdge Advocate 

BlXGHAM. 

I never heard Mrs. Surratt utter any polit- 
ical sentiment, loyal or disloyal ; it was only 
as a customer that I knew her. 

John' T. Hoxtox. 

For the Defense. — June 13. 

By Mr. Aikex. 

I have resided in Prince George's County, 
Maryland, about a mile from Surrattsville, 
for the last forty-five or fifty years. I have 
•known Mrs. Mary E. Surratt for a number 
of years, but mostly since she came to reside 
in our neighborhood, about ten or twelve 
years ago. Since the rebellion I have not 
met her very frequently. Of late years I ' 
have gone from home but little ; I have not 
visited her house often, and when there I 
have staid but a short time. I never had 
any conversation with her on political sub- 
jects. Her reputation in the neighborhood, 
as a truthful. Christian, kind lady, is very 
good, I believe. I never heard any thing to 
the contrary. 

I am very well acquainted with J. Z. 
Jenkins. He was a good Union man up to 
1862, I think. At the election of that year 
he was arrested, and since then I have under- 
stood that he had secession proclivities. I 
believe that he once assisted in defending the 
Union flag with arms in his hands. Mr. 
Jenkins was a good Union man two years 
ago, but I have known very little of him 
since that time. The report in the neighbor- 
hood is, that he is not at this time a very 
loyal man. I have never known of Mr. 
Jenkins committing a disloyal act, nor have 
I heard from him an expression unfriendly 
to the Government, during the past two years. 

I know the Rev. W. A. Evans. There is 
no Presbyterian Church in Prince George's 
County that I know of I can not exactly 
say what is the reputation of Mr. Evans in 
that neighborhood for veracity. Mr. Evans 
was impeached some years ago. 

Assistant Judge Advocate Bixgham. You 
need not state that 

Q. From your knowledge of his character 
and his reputation, would you believe him 
on oath where any of his interests were 
involved? 

Assistant Judge Advocate Bingham ob- 
jected to the question. The witness should 
first state whether he knew the general repu- 
tation of Mr. Evans for truth among his 
neighbors. 

Q. Are you acquainted with the reputatioff 



of the Rev. Mr. Evans in your community— 
in your neighborhood ? 
A. No, except by rumor. 

By Assistant Judge Advocate Bingham. 

Q. In Evans's neighborhood? 
A. Evans kept school in the neighborhood 
where I live, some ten or twelve years ago. 
Q. The question is as to his reputation now. 
A. I know nothing of his reputation now. 

By Me. Aiken. 

Q. Has his reputation in his neighborhood, 
and where he has taught school, been noto- 
riously bad ? 

Assistant Judge Advocate Bingham. I 
object to any such question. The witness 
has disclosed the fact that he does not know 
what the present reputation of Mr. Evans 
among his own neighbors for truth and verac- 
ity is. The law, in its humanity and in its 
justice, has said that no man called into a 
court as a witness shall be put upon trial for 
every act of his life; the question is as to his 
general reputation at the time he appears as 
a witness. Now it is proposed to go back 
ten years. It is supposed in law that in ten 
years a man can live down a slander. 

The question was waived. 

[See testimony of Bev. W. A. Evans, page 174.] 

William "W. Hoxton. 

For the Defense. — June 13. 

By Mr. Aiken. 

I reside about a mile from Surrattsville, 
in Prince George's County, Md. I have 
known Mrs. Surratt, the prisoner at the bar, 
for about twelve years. She has always been 
looked upon as a verv kind lady — to the sick 
especially — and a church-going woman. I 
have seen her very often during the last four 
or five years, and never heard her utter a 
disloyal word. 

I am acquainted with J. Z. Jenkins; he 
lives about a mile and a half from me. He 
was the strongest Union man I ever saw when 
the war broke out; but I have heard that he 
changed when he lost his negroes, though I 
never heard him say any thing disloyal when 
he lost them, and I have never heard of any 
disloyal or overt act of his against the Gov- 
ernment. 

Rachel Semus (colored.) 

For the Defense. — June 13. 

By Mr. Aiken. 

I have lived at Mrs. Surratt's house for six 
years; was hired to her by Mr. Wildman. 
She treated her servants very well all the time 
I was with her; I never had reason to com- 
plain. I remember Mrs. Surratt has fed 
Union soldiers at her house, sometimes a 
good man}' of them; and I know that she 
always tried to do the best for them that she 
could, because I always cooked for them 



138 



THE CONSPIRACY TRIAL. 



She always gave them tlie best she had, 
and very often she would give them all she had 
in the house, because so many of them came. 
I recollect her cutting up tiie last ham she 
had in the house, and siie had not any more 
until she sent to the city. 1 never knew of 
her taking any pay for it. I never heard her 
express herself in favor of the South; if she 
used such expressions, I did not hear them. 
Her eyesight has been failing for a long time ; 
very otlen I have had to go up stairs and 
thread her needle for her because she could not 
see to do it; I have had to stop washing to go 
up and thread it for her in the day-time. I 
remember one day telling her that Father 
Lanihan was at the front gate, coming to the 
house, and she said, "No. it was not him, it 
was little Johnny" — meaning her son. 

David C. Reed. 

Recalled for the Defense. — June 3. 

By Mr. Aikex. 

The last time I saw John H. Surratt was 
about half-past 2 o'clock on the day of the 
assassination, the 14th of April last. I was 
standing on the stoop of Hunt & Goodwin's 
military store, and Mr. Surratt was going 
past the National Hotel. I noticed his hair 
was cut very singularly, rounding awav down 



!on his coat-collar. I did not notice whether 
I he iiad whiskers or moustache, as I was mor^ 
I attracted by the clothing he had on. Hin 
I appearance was very genteel, remarkably so. 
He did not look like a person just from a 
long journey; his clothing was clean, and 
remarkably nice and genteel. I can not say 
that I have had any connection witli Mr. 
Surratt since he was quite a child; I knew 
him by sight, and we had just a bowing or 
speaking acquaintance aa we passed each" 
other. 

Cross-examined hy Assistan't Jcdge Advocate 

BlNOHA-M. 

[.\ recent and large-sized photograph of John H. Surratt 
was banded to the witness.! 

Tina is a fair picture of John H. Surratt; 
the only thing I notice is that his hair is not 
cut as I noticed his on the 14th of April, but 
the shape of the coat, the style in which it is 
cut, is precisely the same. 

By Mr. Aiken 

If that picture had been shown to me with- 
out being told it was the picture of Mr. Sur- 
ratt, I do not know that 1 should recognize it, 
if I saw it hanging in a window; but if I 
looked at it and examined it, I should recog- 
nize it as John H. Surratt It is a remark- 
able face. 



TESTIMONY IN REBUTTAL, 



Joux Ryax. 
For the Prosecution. — June 7. 

I have known Louis J. "Weichman about a 
year, not periiaps intimately, but he has been 
quite friendly and communicative in his con- 
versation with me. As far as my knowledge 
goes, he has always borne a good character 
as a moral young man, and I know nothing 
against lii.s characiter for truth. I do not be- 
lieve he would tell a falsehood, and I would 
believe him wliether under oath or not. 

As regards his loyalty, I only remember 
one conversation that distinctly bore on that 
question, and from that conver.-iation my im- 
pression was that he rejoiced at the restora- 
tion of the Union. I have no recollection 
of his. ever expressing sentiments that left a 
contrary impression on my mind. 

Cross-examined by Mr. Aiken'. 

I was not a visiting friend of Mr. "Weich- 
man; our meetings were casual. I am a 
clerk in the War Department, but in a ditier- 
ent department to Mr. Weiciiman's. He 
never represented himself to me as being in 
confidential relations to that department as 



a detective. I have never heard any thing 
said against his character relative to money 
matters, veracity, or any thing of that kind 

Frank Stith. 

For the Prosecution. — June 7. 

I have known Louis J. Weichman in- 
timately for about sixteen months. His repu- 
tation as an honest, truthful man is very good 
indeed, as far as I have heard. I have never 
heard it questioned. We were both in the 
public service, in the same office. His repu- 
tation for loyalty was excellent, and he was 
0|)cn and outspoken in his friendship for the 
Government, He was a member of the vol- 
unteer military organization formed for the 
defense of this city. 

Cross-examined by Mr. Aikex. 

My relations to Mr Weichman, outside of 
the office, were not very intimate. I never 
heard of his being a detective in the depart- 
ment. It might have been consiilered that 
a refusal to join that military organization 
would be equivalent to a dismissal from the 
office. Mr. Weichman did not always wear 



TESTIMONY IN REBUTTAL. 



139 



blue pantaloons about the office. I can not 
Bay that he only wore his blue pantaloons on 
drill and rainy days, or tltat he made use of 
hateful expressions on putting them on, and 
immediately retired to change them for his 
citizen's dress when drill was over. 

Jajies p. Young. 

For the Prosecution. — June 7. 

I am in General Meig's office in the War 
Department. I am intimately acquainted 
with Louis J. Weichman ; have known him 
since 1856. I was a college class-mate of his 
at the Philadelphia High School; we both 
entered it in 1856. He remained at that col- 
lege for two or three years, then left and went 
to Maryland to another college. I frequently 
heard from him, and about eighteen months 
ago I met him in this city, and have been 
very intimate with him since. His reputa- 
tion as an honest and truthful man is excel- 
lent, and his character without any reproach 
whatever. I have had many conversations 
with him on political matters, and he was 
always most free and unequivocal in his ex- 
pressions of loyalty to the Government. I 
regard him as a very radical, loyal man. 
Both he and I are members of the Union 
League. 

Cross-examined by Mr. Aiken. 

I have never known him as a detective in 
the employ of the Government. 

P. T. Ransford. 

For the Prosecution. — June 7. 

I have known Louis J. Weichman since 
last iSeptember. I am a clerk in the War 
Department, and he was a clerk in another 
branch of the War Department; he has 
visited me at my own rooms. His reputation 
for integrity and truth I have always regarded 
as being very good indeed. I have had very 
little conversation with him about political 
matters, and am not competent to give an 
opinion as to his loyalty. 

Cross-examined by Mr. Aiken. 

Mr. Weichman and myself belonged to 
the same military organization, called the 
War Department Rifles. A refusal to be- 
come a member of tliat organization I un- 
derstood to be equivalent to a dismissal from 
office. I have simply met Mr. Weichman as 
a friend. 

John T. Hol.viian. 

For the Prosecution. — June 7. 

During the winter ?^nd spring, and up to the 
night of the assassination, I boarded with 
Mrs. Surratt. While there, I saw Atzerodt 
several times, though I did not know him by 
thatViame; he seemed to be with John Sur- 
ratt moat of the time. I also saw Payne there 



once at breakfast. The name by which 1 
knew him was Wood. John Wilkes Booth 
I have seen there frequently. I have seen 
him in the parlor with Mrs. Surratt and the 
young ladies. I never knew the prisoner, 
David E. Herold, to call there. I remember, 
about two weeks before the assassination, see- 
ing a carriage at Mrs. Surratt's door, and a 
person, whom I afterward learned to be Mrs. 
plater, got into it one morning as I was dress- 
ing. Mrs. Surratt was on the pavement talk- 
ing to this person as she was getting into the 
carriage. John Surratt was with this Mrs. 
Slater. This was the last tiine I saw John 
Surratt previous to the 3d of April. The last 
time I saw him was on the night of the 3d 
of April, the day on which the news of the 
fall of Richmond was received. He knocked 
at the door of my room at about 10 o'clock, 
after I was in bed, and wished me to exchange 
some gold for greenbacks; and I gave him 
$60 in paper for $40 in gold. He' said he 
wanted to go to New York, and that he could 
not get it exchanged in time to leave by the 
early train in the morning. 

I never knew any thing of Mrs. Surratt's 
defective eyesight while I lived with her ; I 
do not remember its being alluded to by any 
member of the household. 

Cross-examined by Mr. Aiken. 

Atzerodt passed by a nickname when he 
was at Mrs. Surratt's. I was usually from 
home in the evening, and therefore can not 
say whether Mrs. Surratt could read or sew 
by gaslight. I never heard any political con- 
versation at Mrs. Surratt's, and never heard 
of any plot to capture the President, or of 
any plot or conspiracy to assassinate the Presi- 
dent, or any members of his cabinet ; if I had, 
I should have endeavored to prevent it. 

Py Mr. Ewixg. 

Mr. Ewixg. I have two or three questions 
to ask the witness. It is not properly a cross- 
examination ; but I propose to treat him as 
my witness, if there is no objection. 

Assistant Judge Advocate Burnett. The 
gentleman announces that he desires to ask 
some questions, making the witness his own ; 
as we shall be entitled to rebut, there is no 
objection. 

I never saw or knew of Mr. Judson Jarboe, 
or of any person by the name of Jarboe 
coming to Mrs. Surratt's, nor have I ever 
known of Dr. Mudd coming there; I never 
heard his name mentioned. 

Mrs. Surratt's house is on the south side 
of H Street, about forty-five feet from Sixtli 
Street. It is the first house from the corner 
of Sixth Street; a brick hou.se, painted 
drab or lead color, with a basement and a 
flight of eight or ten steps up to the front 
door. 

Q. Will you state whether Mr. Weichman 
gave himself up after the assassination of the 
President? 



140 



THE CONSPIRACY TRIAL. 



ABsietant Judge Advocate Burnett. You 
need not state that. 

Mn EwiNo. My inquiry in regard to Mr. 
Weiclwiian is for tl)e purpose of proving acta 
in regard to hi in in association witli Booth 
and oilier men connected with the conspiracy. 

1 want to show by liis act.s at that time that 
he was really a guilty party in the plot to 
kill the Tresident. If 1 shuw that lie was, 
and that instead of being indicted he a|)pears 
liere turning State's evidence, it will tend very 
inucii, I think, to impair the value of his 
testimony. It is not the ordinary form of im- 
peachment of a witness by laying the foun- 
dation in his examination for contradicting 
liis statements upon the stand. That is not 
the purpose, but it is to show that he occu- 
pied the position of a co-conspirator, and that 
he comes here clearing himself by being a 
swiil witness against others. 

Assistant Judge Advocate Bingham. "What 
the gentleman calls the act of AVeichman 
never can be proved by any human being but 
by Weichman liimself lie has testified that 
he was taken into custody. Nobody doubts 
it. He lias testified that he was in custody 
when he was brought on the stand. Nobody 
questions it. It is utterly incompetent for the 
gentleman to prove any thing he said about 
that matter, until he lias first laid the foun- 
dation by a cross-examination of Weichman, 
and then it is never competent, except by 
way of contradiction. There is no such foun- 
dation laid, and it is therefore incompetent 
and illegal at any stage of the case, either now 
or any other day. 

The Commission sustained the objection. 

1 saw Mr. Weichman the morning after the 
murder; he was a good deal excited. About 

2 o'clock on that morning, Mr. McDevitt 
and Mr. Clarvoe, detectives of the Metro- 
politan Police, entered Mrs. Surratt's house. 
Mr. Weichman opened the door for them. 
These officers were in tlie passage when my 
wife ;woke me up. Whether Mr. Weich- 
man was in bed or dressed when the officers 
called, 1 do not know. I slept in the front 
room, and he in the back room on the same 
floor. 

Q. Was Weichman then arrested? 

A. 1 took Weichman down myself to Super- 
intcnilcnt Kichards. 

Q. When? 

A. In the morning, after breakfast. 

Q. When you took him down, did you know 
he was to be arrested? 

Assistant Judge Advocate Bingham ob- 
jected to the question, and it was waived. 

Q. How did you come to take him down? 

A. From an expression he made to me. 

Assistant .Judge Advocate Bingham. You 
need not state any thing he said. 

Q. Was that expres.^ion the expression of 
a wish to be delivered up? 

A. No, sir. 

Assistant Jud<jc Advocate Bingham. You 



need not state a&y thing about his expre» 
eione. 

By Assistant JlT)ge Advocate Burnett. 

The excitement on account of the a.ssa88iii< 
ation was very general throughout the city, 
It was some weeks after Mrs. Sl-ater had Iteeq 
there that Mrs. Surrati told me the team in-* 
which John Surratt and Mrs. Slater went 
away was a hired one, and that John wa.« 
then down in the country. When Mr. Howell 
was at Mrs. Surratt's, it might have been 
about the Ist of March ; he remained, I think, 
three or four days. 

James McDevitt. 

For the Prosecution. — June 7. 

On the night of the assa.ssination, I went 
to Mrs. Surratt's liouse with Mr. Clarvoe, and 
several other officers of the department. We 
rang the bell, when a lady put her head out 
of the window and asked who was there. 
We said we wished to enter the liouse. As 
she retired, Mr. Weichman opened the door; 
he was in his shirt, which was all open in 
front; he had his pants on, and was, I think, 
in his stocking feet. He appeared as if he 
had just got out of bed. He had time frono 
the moment we rang to dress himself to that 
extent. W^e did not arrest Mr. Weichman 
then, but we did subsequently when he came 
to our office. Mr. W^eichman accoinpanied 
me to Canada; I took him to identify John 
H. Surratt. He went with me willingly in 
pursuit of the assassins, and was zealous and 
earnest in performing the )iart allotted hini 
in the pursuit; and though he had every op- 
portunity to escape, he did not. I left him in 
Canada when I returned to New York. I 
could not state, from my own knowledge of 
John Surratt s writing, that the entry on 
the register of the St. Lawrence Hall is his. 

Cross-examined by Mr. Aiken. 

Mr. Weicliman came to our office the 
morning after the assassination, witii Mr. 
Holahan. Weichman made no confession in 
regard to himself We did not find John H. 
Surratt in Canada. I saw that he was reg- 
istered on the hooks of the St. Lawrence 
Hall as "John Harrison, Washington, D. 
C," on the Otii of April, and again by the 
same name on the ISth of April, but without 
any city or State address. 1 received the first 
intimation that John H. Surratt would bo 
likely to be found in Canada from Mr, 
Weichman. Mrs. Surratt al.so told me, on 
the morning after the a.ssassination, that she 
had received a letter from him on the 14tli. 
dated in Canada. We were inquiring for her 
son, when she said she had not seen him for 
two weeks, and that there was a letter some- 
where in the house, which she liad received 
from him that day. 1 asked her for the let- 
ter, but it could not be found. 



TESTIMONY IN REBUTTAL. 



141 



A.NDREW KaLLEXBACH. 

For the Prosecution. — June 7. 

I reside near Surrattsville, Prince George's 
County, Maryland. On the evening of the 
17th of April last, I had a conversation with 
Mr. J. Z. Jenkins, at Mr. Lloyd's house at 
Surrattsville. He said that I was a liar; that 
he understood I had been telling some lies on 
him, and if he found it to be true, he would 
give me the damnedest whipping I ever had. 
He further said that if I testitied against him, 
or any one connected with him, he would 
give me a damned whipping. This was said 
in the presence of Mr. Cottingham and Mr. 
Joshua Lloyd. Jenkins had been drinking, 
but I can not say that he was drunk on the 
occasion. I have known Mr. Jenkins about 
ten years, I think. He has always said in 
my presence that he was a Union man; and 
I have never heard hira express any disloyal 
sentiments. I can not say what his reputa- 
tion for loyalty is in the neighborhood. 

Cross-examined by Mr. Aiken. 

Nothing had been said by me that night to 
induce Jenkins to call me a liar. I have a 
son in the rebel army; he went there of his 
own choice, and without my consent. He 
returned about three weeks ago. I judge he 
has been in the rebel army during the war. 
I did not place any restrictions in the way of 
his going. 

I have lived as a neighbor of Mrs. Surratt's 
for many years. She had never been more 
than neighborly with me and my family, nor 
has she given things to my family more than 
any neighbor will do for another. In politics 
I have been a Democrat all my life. I have 
never expressed any disloyal sentiments, and 
have never said that I wished the South 
would succeed. 

E. L. Smoot. 
For the Prosecution. — June 2. 

I live in Prince George's County, Mary- 
land, about a mile from Surrattsville. I am 
acquainted with J. Z. Jenkins of Surrattsville, 
Mrs. Surratt's brother. He was represented 
as a Union man during the first year of the 
war, but after that, by most persons, he was 
looked upon as a Southern sympathizer; I 
know of no exception to this among the 
Union men. 1 never heard his reputation for 
loyalty talked of much, but I have heard him 
say, 1 think, he was a friend to the South, 
and an enemy to the Government during the 
struggle. 

I know Joseph T. Nott, of Surrattsville. 
On the day after the President's murder, I 
met two young men connected with General 
Augur's head-quarters, one of whom told me 
that John H. Surratt was supposed to be the 
man who attempted to kill Mr. Seward. I 
asked Mr. Nott if he could tell me where 
John Surratt was; he smiled and told me 



he reckoned John was in New York by that 
time. I asked him why he thought so, and 
he said, " My God ! John knows all about the 
murder; do you suppose he is going to stay 
in Washington and let them catch him ?" I 
pretended to be very much surprised and said, 
" Is that so ?" He replied, " It is so, by God I 
I could have told you that this thing was 
coming to pass six months ago." Then he 
put his hand on my shoulder and said, " Keep 
that in your own skin, my boy. Don't 
mention that; if you do, it will ruin me for- 
ever." The Mr. Nott who said ^this is the 
Joseph T. Nott who testified here to-day. I 
have heard him speak against the Govern- 
ment frequently, and denounce the adminis- 
tration in every manner and form ; I heard 
him say that, if the South did not succeed, 
he did not want to live another day. 

Cross-examined by Mr. Aiken. 

I have a brother-in-law named William 
Ward, who was in the Southern army; he 
was brought home under a guard of soldiers. 
I did not, on the occasion of his return, tell 
him that he had done just right, and that I 
wished I had been there to help him. I did 
not express opposition to his coming back in 
any way, nor did I express sentiments against 
the Government and friendly to the South. 
I begged my brother-in-law to take the oath 
and remain at home. 

At the breaking out of the rebellion, I re- 
sided in Charles County, and was a member 
of Captain Cox's military company, which 
was organized before the war. It disbanded 
in the spring of 1861. I withdrew from it as 
soon as a rebel flag was brought and pre- 
sented to it. 

I have known Mr. Jenkins for about five 
years, I think. I do not exactly recollect 
when I had any political conversation with 
him. The last time I talked with him was 
about the 1st of April last, at Upper Marlboro. 
He' came to me and told me tliat Roby was 
applying for the position of constable in the 
county, and asked me why I did not apply 
for it. I told him I did not wish it. He said, 
"You ought to take it to keep Roby from 
getting it;" and he added that he had told 
the County Commissioners that if they ap- 
pointed Mr. Roby, or any other man of his 
party, he would spend every dollar he had to 
defeat them, if they became candidates for 
any other office. 

I did not vote at the last Congressional elec- 
tion ; I did not know any thing about either 
of the candidates. I have not been an active 
Union man. I have not meddled either way. 

The conversation with Mr. Nott occurred in 
the bar-room at Surrattsville, on the loth of 
April. It was all the conversation we had at 
that time. He did not state what time he 
last saw John Surratt, nor what reason he 
had to believe him to be connected with the 
affair. Some gentlemen came in while he 
was talking with me, and he had to wait on 



142 



THE CONSPIRACY TRIAL. 



the bar. On the next day, Sunday, I commu- 
nicated this remark verbally to General Au- 
gur, ('(ilonel Baker, and Colonel Wells. Mr. 
Nott did not inform me liow he knew John 
Surratt wa.s connected with it, and 1 did not 
ask him. He only paid he could have told 
me b\x months ago that this thing was going 
to happen. I never knew Mr. Jenkins to do 
any thing disloyal, but he has denounced the 
administration frequently when talking with 
me. I do not recollect particularly to what 
he referred. I have heard many do the same 
so frequentky, that 1 do not recollect wliat Mr. 
Jenkins said on any particular occasion. I 
never heard any man whom I regarded as a 
loyal man denounce the administration. 

A. V. ROBY. 

For the Prosecution. — June 2. 

I reside close to Surrattsville,Prince George's 
County, Maryland. Since June 12, 1863, I 
have been enrolling officer. I have known 
J. Z. Jenkins since 1861, but not very inti- 
mately till 1863. Mr. Jenkins's reputation in 
that neighborhood, during the year 1861, was 
that of a Union man; but since that time he 
has been looked upon as a sympathizer with 
the South. Since 1862 he lias been in the 
attitude of an enemy to the Government, and 
has opposed all its measures. Mr. Jenkins 
took the oath prescribed by the Legislature 
of Maryland, and then voted. 

Cross-examined by Mr. Aiken. 

The first time I saw Mr. Jenkins was when 
he came to the armory of Captain Mark's 
company, in Washington, of which I was a{ 
member. Some time between April and July 
of 1861 he came there begging lor money fori 
some Union man who had been killed. Thej 
next time I saw him was at my house, when ' 
he was opposing the nominees of the Union ; 
party. l>r. Bayne was a candidate for Sen-j 
ator"; Mr. Sas.ser was candidate for Clerk of | 
the County, and Mr. (irimes for Sheritf. 1 1 
think Mr. John M. Brook was tlie disunion; 
candidate for Senator; 1 do not know that; 
Mr. Brook has been in the rebel army ; I ' 
know that he was South, and staid until he 
came home under the President's Amnesty ' 
Proclamation. I 

I liave been living near Surrattsvillc since 
September, 1S63. 1 have seen Mr. Jenkins 
nearly every day. .^^11 this time Mr. Jenkins! 
has been talking against the Government At I 
the April election, in 1864, when we voted fori 
a convention to make a new constitution, hei 
said he had been oflered otHce under the! 
damned (Jovcrnmept, but he would not hold | 
othce umler any such damned Government. : 
He said this before a great crowd at the polls. ■ 
I had just objected to his vote. 1 asked Mr. i 
Jenkins if he woiild vote for such a man as j 
Harris; he said he wanted the South to sue- ! 
ceed, and he said he would vote for Harris | 
against anybody. I consider a man disloyal ' 



wlio opposes the acts of the administratioD. 
I never knew of any act of disloyalty on the 
part of Mr. Jenkins, except his abuse of the 
Government. 

With respect to Mr. Jenkins spending 
$3,000 to sustain the Union and the Govern- 
ment, I do not think he ever had it to spendL 
I have never heard of his spending any thing, 
except from his own lips. 

DORLET B. RoBY. 

For the Prosecution. — June 5. 

I have known Mr. J. Z. Jenkins for several 
years. For the last three years he has been 
one of the most disloyal men in the county. 
It is from personal knowledge of his conduct 
and observations tiiat I pronounce him dis- 
loyal. He got so outrageous that I had to 
apply to General Wallace, at Baltimore, to 
have him arrested. Since that time he has 
behaved himself a little better. He is known 
and recognized in that neighborhood aa an 
open and outspoken enemy of the Govern- 
ment. 1 have heard him curse the President, 
and damn him to all intents and purposes. 
He said old Lincoln, the damned old son of 
a bitch, had off'ered him an office, but that 
he would not hold office under any such 
damned creature, or any such, damned Gov- 
ernment. , 

Cross-examined by Mr. Clampitt. 

I have known Mr. Jenkins for four or five 
years. I was not a resident of the county 
in 1861 and 1862; I was in 1863. I was 
born in Charles County, and raised in Prince 
George's; and I have been backward and for- 
ward tiirough there all the time. In 1862 I 
knew Mr. Jenkins very well. I knew him to 
be a Union man till about three years ago. 
He was a very strong Know-Nothing, and I 
was a Know-Nothing too. Jenkins aban- 
doned the Union party about three years 
ago this fall. He lost a negro man; and it 
seemed that his loyalty to his Government 
only lasted aa long as his negro was pro- 
tected. As soon as he lost the negro, he 
abandoned his Union principles. 

The flag that was raised, and which Mr. Jen- 
kins is said to have protected, was understood* 
to be a Know-Nothing tlag: a Union fiagraiseti 
by the Know-Nothing party. The Know-Nolh- 
ings were generally considered Union men, but 
there were a good many who, like Mr. Jen- 
kins, went over to the rebels as soon as there 
was a division of parties. 

There is no suit pending between me and 
any citizen of Maryland; there is a suit pend- 
ing against my son, Andrew V. Roby. He 
was appointed Deputy Provost Marshal for 
the purpose of carrying out General Schenck's 
order at the election. He was ordered to have 
every man arrested who interfered with the 
election. This man Jenkins behaved very 
badly at the election. Colonel Baker had a 
company of men there, and my son suggested 



TESTIMONY IN REBUTTAL. 



143 



to the Captain that Jenkins should be ar- 
rested. He was arrested, placed on a chair, 
and a bottle of whisky taken from his pocket. 
At night I thought the poor fellow had got 
sober; he looked very penitent, and I sug- 
gested to the Captain that it was not worth 
while to take him up to Colonel Baker's, 
that he should allow him to go; and he 
acted on my suggestion. The suit pending 
between my son and Mr. Jenkins is for false 
imprisonment. 

By Assistant Judge Advocate BiXGH.\>r. 

The prosecution against my son is for at- 
tempting to execute the Federal authority. 
The authorities, who have the management 
of the case, have taken steps to have it re- 
moved to the United States Court, 

William A. Evaxs. 
For the Prosecution. — June 5. 

I reside in Prince George's County, Md., 
and am a Presbyterian minister. I was com- 
pelled to leave my Church in 1861 because 
of my loyalty and devotion to the Union. 
Prince George's County is a very disloyal 
neighborhood. 

I know J. Z. Jenkins very well. He pre- 
tended to be a loyal man in 1861, as a great 
many in Prince George's, St. Mary's, ai,d 
those lower counties did, but I never consid- 
ered him a loyal man, because, if he had been, 
he would have co-operated with me and 
several others, who were endeavoring to dis- 
charge our duty to our country. His repu- 
tation and conduct since 1861, has been dis- 
loyal. I call him a rebel. His sympathy with 
the rebels has been open and outspoken. 

Cross-examined bi/ Mr. Clampitt. 

I have known Mr. Jenkins about fifteen 
years. I lived in the same county as he did 
in 186], but because of my abolition procliv- 
ities, 1 was not, at times, permitted to remain 
in the county or the State. There was a writ 
out for me in 1861, and I was only permitted 
to visit my house in secrecy. Everybody 
that knows Mr. Jenkins knows that he is a 
rebel. In 1861, he pretended to be a Union 
man ; but I knew him to be a hypocrite. I 
judged him to be a rebel by his conduct; 
saying tliat the country would go to ruin, 
and that the South would be successful. He 
eaidthis to other gentlemen, and they repeated 
it to me. I held a secret commission under the 
Government. I know nothing of his labors 
to obtain Union votes in the State of Marv- 



land, and if he has done any thing to protect 
the Union flag when it was threatened to be 
torn down by secession sympathizers, I have 
known nothing of it. I have known him to 
call at the different polls on election times, 
and endeavor to dissuade men from voting 
for the Union cause. Even at the last elec- 
tion, in 1864, he said he would not vote for 
the damned abolition Government to save 
anybody's life. 

By the Judge Advocate 

I do not know a loyal man in that neigh- 
borhood except Mr. Roby, his son, and a few 
others. AVe were in danger all the time, so 
much so that I had to call upon General 
Augur for a guard. 

I belong to the New School Presbyterian 
Church, and I am a member of tHe Presby 
tery of the District of Columbia. 

John L. Thompson. 
For the Prosecution. — June 5. 

I have known J. Z. Jenkins ever since I 
can remember. For the last two years and 
six months he has not been a loyal man; 
for the four years preceding that he was. 
He is regarded as a disloyal man in that 
community; his disloyalty is open and out- 
spoken. 

I have had a difficulty with Mr. Jenkins, 
which grew out of my being drafted, and 
going to Mr. Roby's son to aid me, Jenkins 
said he would cut my throat in consequence 
of it, and drew his knife, a small pen-knife, 
against me. The only reason that I know 
for his conduct was, that he hated the Gov- 
ernment. Jenkins said that, in case he was 
forced to fight, he would go with the South. 

I lived in Mrs. Surratt's family for two 
years. I do not think she was a loyal 
woman. I judge so by her conversation, 
which was against the Government. 

Cross-examined by Mr. Clampitt. 

I have known Mr. Jenkins ever since he 
was a child. He was considered a loyal man 
in 1861, but not in 1863. I know nothing 
of Mr. Jenkins coming to Washington to 
obtain votes for the Union Government. I 
know of his assisting to rai.se the Union flag, 
and with a band of !nen assisting in protect- / 
ing it; but that was in 1861. 1 have heard 
him make disloyal remarks many a time. 
He said that he hated the Government the 
worst on earth, and he said that emancipa- 
tion was all wrong. 



144 



THE CONSPIRACY TRIAL. 



TESTIMONY CONCERNING GEORGE A. ATZERODT 



Robert R. Jokes. 

For the Prosecution. — May 13. 

I am a clerk at the Kirkwood House in this 
city. Tiie leaf exhibited to the Commission 
i.s from the register of the Kirkwood House. 
It contains tlie name of G. A. Atzerodt, 
Charles County. It appears from the regis- 
ter that Atzerodt took room No. 120 on tlie 
morning of the 14th of April last, I think 
before H o'clock in the morning. I was not 
present when his name was registered, and 
did not see him until between 12 and 1 in the 
day. I recognize Atzerodt among the ac- 
cused. That is the man, I think. 

[The witness here pointed to the accused, G. A. Atze- 
rodt.] 

I went to the room occupied by Atzerodt 
after it had been opened by Mr. Lee, on the 
night of the l;3th of April, and I saw all the 
articles that were found there. I can not 
identify the knife, though it was similar to 
the one just shown me. It was between the 
sheet and the mattress. The bed had not 
been occupied on the night of the 14th, nor 
had the ciiambermaid been able to get into 
the room the next day. A young man spoke 
to Atzerodt when I saw him standing at the 
office counter. I do not know his name. 
Atzerodt, before that, asked me if any one 
had inquired for him within a short time. 
From tiie book it appears that Atzerodt paid 
one day in advance. I had never seen him 
in the hotel before. 

John Lee. 

For the Prosecution. — May 13. 

I belong to the military police force of this 
city. On the night of the loth of April 1 
went, by order of Major O'Beirne, to the 
Kirkwood House. When I got there a per- 
son employed in tlie house, whom I knew, 
toM mo there had been a rather suspicious- 
looking man there, who had taken a room 
the day previou.s. On the hotel register I 
found a name written very badly — (r. A. 
Atzerodt. I went to the room occupied by 
this man; the door was locked, and the key 
could not be found. With permission of one 
of the proprietors I burst open the door. I 
found in the room a black coat hanging on 
the wall; underneath the pillow, or bolster, I 
found a revolver, loaded and capped. In the 
poekot of the coat I fotind a bank-book of 
J. Wilkes Booth, showing a credit of $455, 
with the Ontario Bank, Montreal, and al.^o a 
map of Virginia; a handkerchief marked 
''Mary R. Booth;" another marked " K. M." 
or " F. A. Nelson ;" another handkerchief 
with the letter " li" in the corner. In the 



bank-book was an envelope with the frank 
of the Hon. John Conners. There was also 
a pair of new gauntlets, a colored handker- 
chief, three boxes of cartridges, a piece of 
liquorice, and a tooth-brush. On the corner 
of the bank-book was "J. W. Booth, 53." 
On the inside of the book was " Mr. J. Wilkes 
Booth in account with the Ontario Bank, 
Canada. 1864: October 27; bv deposit, or. 
$455." 

There was also a brass spur, a pair of 
socks, and two collars. Between the sheets 
and mattresses I found this large bowie-knife. 

[These articles were all offered in evidence.] 

The room in which these things were found 
was No. 126, and is on the floor above the rooiu 
then occupied by Vice-President Johnson. 

Cross-exaviincd by Mr. Doster. 

The person I met at the Kirkwood House, 
who spoke of the suspicious-looking man 
being there, said, " I believe that he had a 
gray coat on." I did not find the signature 
of Atzerodt, or any thing in the room; I 
only know it was his room because it said so 
on the register. 

By the Judge Advocate. 

In coming down from room 126, to reach 
the office of the hotel, a person would pass 
the door of the room occupied by Vice- 
President Johnson. When I came down, 
tjiere was a soldier at the door. A man of 
any courage, coming down the stairs, could 
easily throw a handful of snuff in the sol- 
dier's eyes and go right into Mr. Johnson's 
room. 

Lyman S. Sprague. 

For the Prosecution. — May 15. 

I am clerk at the Kirkwood House in this 
city. I went up to the room of the prisoner, 
Atzerodt, with Mr. Lee, and was present 
when it was broken open. All I saw found, 
as I went in, was the revolver under the 
pillow. No one inquired for Atzerodt on the 
14th while I was in the office. 

Cross-examined by Mr. Doster. 

I was at the desk of the Kirkwood House 
that day from 8 in the morning till 12 at 
noon ; no one called for Atzerodt during that 
time. 

Coi-onel W. R. Nevins. 

For the Prosecution — May 27. 

I was in this city on the 12th of April, 
and stoi)ped at the Kirkwood House. While 
there, I saw that man [pointing to the 



TESTIMONY CONCERXING GEORGE A. ATZERODT. 



145 



accused, George A. Atzerodt] in the passage 
that leads to the dining-room, when he asked 
me if I knew where President Johnson was. 
I believe that was his first question. I 
showed him where Mr. Johnson's room was, 
on the left-hand side of the passage ; " How- 
ever," said I, " the Vice-President is now 
eating his dinner." 1 thought he was a 
stranger, and referred him to the Vice- 
President's servant, a colored man, who was 
standing behind him. He looked into the 
dining-room; whether he went in or not I 
do not know. 

Cross-examined by Mr. Doster. 

This was between 4 and 5 o'clock. There 
was no other person at dinner at the time 
but the Vice-President and myself This 
man met me near the two or three steps that 
come down into the dining-room. I showed 
him where the Vice-President was sitting at 
the further end of the room, with his yellow 
man behind him. Atzerodt had on dark 
clothes at the time, and, I believe, a low- 
crowned black felt hat. I noticed his coun- 
tenance more than his clothes, but I could 
tell him among lifty thousand. 1 am now 
sixty-five years of age. 

By Judge Advocate Burnett. 

When I first came into Court this morn- 
ing, I was asked to point out, among the 
prisoners, the man I had seen at the Kirk- 
wood House, and I designated the prisoner, 
Atzerodt, before his name was mentioned to 
me. 

John Fletcher. 

Fcr the Prosecution. — May 17. 

I am foreman at J. Naylor's livery-stable, 
in this city. On the 3d of April, Atzerodt 
and another gentleman came to the stable 
with two horses, and inquired for Mr. Nay- 
lor. Atzerodt said they wanted to put up the 
horses at the stable, and I ordered them to 
be put up. The other gentleman said he was 
going to Philadelphia, and that he would 
leave the sale of his horse to Atzerodt; he 
left, and I have not seen him since. Atzerodt 
kept the horses at the stable until the 12th 
of April, when he sold one of them to 
Thompson, the stage contractor, and took 
the other, a brown horse, away. This was 
a very heavy, common work horse, blind 
of one eye; it was a dark-brown, with a 
heavy tail, and heavy fetlocks down to the 
feet. 

I saw Atzerodt no more till 1 o'clock, on 
the 14th of April, when he and Herold came 
to the stable with a dark-bay mare. He 
said he had sold the brown horse and saddle 
and bridle in Montgomery County, and had 
bought this mare, with saddle and bridle. 
He then told me to put up the mare in the 
stable. I went to my supper at half-past 6, 
and when I came back tlie colored boy had 
the mare at the door, with saddle and bridle 

10 



on her. Atzerodt paid the boy fifty cents for 
her keep, and asked me if that was right; 
I said, "Yes." " If I stay until morning," 
he asked, "how much more are you going 
to charge me?" "Only fifty cents," I said. 
He then went out and staid about three- 
quarters of an hour, when he returned. He 
told me not to take the bridle or saddle oflf 
the mare until 10 o'clock, and to keep the 
stable open for him. I said 1 would do so, 
and that I would be there myself at that 
time. At 10 o'clock he came after the mare. 
He asked me to take a drink with him, and 
I did, at the Union Hotel, corner of Thir- 
teen-and-a-half and E Streets. I had a glass 
of beer and he drank some whisky. Eeturn- 
ing to the stable he said, " If this thing hap- 
pens to-night, you will hear of a present," or 
''Get a present." lie seemed to me about 
half-tight, and was very excited-looking. I 
did not pay much attention to him. As he 
mounted the mare 1 said, " I would not like 
to ride that mare through the city in the 
night, for she looks so skittish." 

"Well," said he, "She's good upon a re- 
treat." I then said to him, "Your acquaint- 
ance is staying out very late with our horse;" 
that was Herold. "Oh," said he, "He'll be 
back after awhile." Atzerodt then left, and 
I followed him until he went down E Street 
and passed Thirteen-and-a-half Street, and 
saw him go into the Kirkwood House. I 
watched until he came out and mounted the 
mare again. He went along D Street and 
turned to Tenth Street, to the left of D and 
Tenth Streets. I then returned to the stable. 

Washington Briscoe. 

For the Prosecution. — May 18. 

I have known the prisoner, George Atze- 
rodt, for seven or eight years. On the night 
of the 14th of April, between half-past 11 
aTid 12, he got on a Navy-Yard car at Sixth 
Street. I was in the car, but he did not rec- 
ognize me till I spoke to him. I asked him 
if he had heard the news, and he said he 
had. Then he asked me to let him sleep in 
the store, down at the Navy Yard, with me. 
I told him he could not. His manner was 
excited, and he was very anxious to sleep 
there; he urged me to let him. I told him 
again he could not; that the gentleman I was 
with was there, and 1 had no right to ask 
him. He rode down as far as I did, then got 
out and asked me again. When he left me, 
he said he would go back to the Pennsylvania 
House, on C Street, where he was stopping. 

Cross-examined by Mr. Doster. 

I did not notice the precise time when I 
met Atzerodt, but 1 think it was between 
half-past 11 and 12. 1 was going to the 
Navy Yard, my home, and he rode down in 
the car with me to 1 Street, near my store, 
and got out where I did. 1 waited with him 
on the corner of I and Garrison Streets, till 



14G 



THE CONSPIRACY TRIAL. 



the car came back. I tliink it was near 12 
when he got into tlie car again and left me. 
I hardly know whether he had been drink- 
ing; but, judging from his manner, he was a 
little excited. 

JoHX Greexawalt. 

For the Prosecution. — May 17. 

I keep the Pennsylvania House, on C 
Street, between Four-and-a-half and Sixth 
Streets. I know the prisoner, Atzcrodt. A 
person frequently called on Atzerodt, who, I 
have since found, was J. Wilkes Booth. 

FA photograph of J. Wilkes Booth was exhibited to the 
witness.] 

That is the person. Sometimes Booth 
would come through the hall where Atzerodt 
would be sitting; at other times Booth would 
walk in and walk back, when Atzerodt would 
get up and follow him. They have had fre- 
quent interviews in front of my hotree; and 
several times, as I walked on the steps, they 
would leave and walk toward the National 
Hotel, where they stood and had their inter- 
view. 

On one occasion several young men from 
Port Tobacco met Atzerodt at the Pennsyl- 
vania House They had been drinking, and 
Atzerodt asked me to take a drink, which I 
did, when he said, "Greenawalt, I am pretty 
nearly broke, but I have always got friends 
enough who will give me as much money as 
will see me through." He added, "I am 
going away some of these days, and I will 
return with as much gold as will keep me all 
my lifetime." This was said about the 1st 
of April, nine or ten days after he first came 
to my house, which was on the 18th of 
March last. Atzerodt was in the habit of 
stopping at my house. He never stopped 
any length of time. He left my house on 
the Wednesday before the assassination. He 
had no baggage with him. I saw him next 
on the Saturday morning after the assassin- 
ation, between 2 and 3 o clock. 

I had just come in the house myself, and 
had gone to my room. About five minutes 
afterward a servant came up with a five-dol- 
lar bill and said, "There is a man come in 
with Atzcrodt who wants lodging, and wants 
to pay for it" So I went down and gave the 
man his change. I had an uneasiness about 
the thing myself; thought there was some- 
thing wrong. 

Atzerodt asked for his old room, and I 
told him it was occupied. I told him he 
would have to go with this gentleman. So 
I gave this man Thomas his change, and 
told the servant to show him to his room, 
and Atzerodt was going to follow him, when 
I said, "At2erodt, you have not registered." 
Said he, "Do you want my name?" I re- 
plied, "Certainly." He liesitated some, but 
Btepp)ed back and registered, and went to his 
room. He had never belbre hesitated to 
register his name. The man who was with 
Atzerodt was about five feet seven or eight 



inches high, and his weight was about one 1 
hundred and forty pounds, I should judge. 
He was poorly dres-scd, in dark clothes. Ilis 
pants were worn through at the back near 
the heels. I took notice of that as he walked 
out of the door to go to his room. He 
was quite dark-complexioned and very much 
weather-beaten. He had dark hair. 

Neither of the men seemed excited. This 
man Thomas, 1 noticed, kept a close eye on 
me as I came in. It was Thomas who asked 
for the room. Atzerodt was lying on the 
settee in the corner of the room when I came 
in. Atzerodt asked for his old room; I told 
him it was occupied, and that he would have 
to go with this man. It was a large room, 
with six beds in it. There were other per- 
sons in the room before Thomas and Atze- 
rodt went there. 

Thomas had the appearance of a laboring 
man. I think he wore a broadcloth coat., 
though it was very much worn, but I judged 
that his clothes were worn as a disguise. Hia 
hair, moustache, and whiskers were black. 
The name he gave was Samuel Thomas. Ho 
got up about 5 o'clock and left the house, 
so the servant told me. A lady who was 
stopping at the house had given orders for 
a carriage to take her to the 6:15 train. She 
left before I got up, and as the servant was 
going out of the door, this man Thomas 
went o>it and asked the way to the railway 
depot. He had no baggage. 

Atzerodt left shortly afterward, and walked 
toward Sixth Street. As the servant came 
back from getting the carriage, he met Atze- 
rodt, and said to liini, " What brings you out 
so early this morning?" "Well," said he, "I 
have got business." He left without paying 
his bill, and I have never seen him since until 
now. There he sits, [pointing to the accused, 
George A. Atzerodt.] 

In March, Atzerodt showed me a revolver 
he had just bougiit. I told him I wished I 
had known he wanted one, for I had a new 
one for which I had no use. 

[The revolver found by John Leo, at the Kirkwood 
House, was here exhibited to the witness.] 

The revolver Atzerodt had was similar to 
that, but I do not think that is the same. 

Cross-examined by Mr. Dostbr. 

Atzerodt left my house on the 12th of 
April. He had been there from the 18th of 
March. On the 27th of March he left and 
staid away over night, and returned with a 
man named Bailey. 

Atzerodt once handed a large revolver into 
the office for me to keep for him. I saw no 
other arms. He may have had others; in 
the ottice he said he had a knife. 

When Mr. Bailey left ray house, he wanted 
to pay his stage fare, and I bought of him 
some eight or nine $2.50 gold-pieces, and, I 
think, aoout seven dollars' worth of silver. 

I can not say that Thomas and Atzerodt 
were acquainted previously to their callfng 



TESTIMONY CONCERNING GEORGE A. ATZERODT. 



147 



at my house on the night of the 14th. At- 
zerodt did not seem sleepy, and he was not in 
liquor. I did not see them come in ; the 
eerrant told me they came in together; but 
that is the only reason I had for thinking 
they came together. I told Atzerodt that he 
would have to room with that man, and he 
had no objection. I do not recognize the 
man Thomas among the prisoners. 

That man [pointing to the accused, Edward 
Spangler] resembles him somewliat, but is not 
60 dark, and he has not got the beard on that 
Thomas had then. I could not be positive it 
is the same man. 

[The coat found by John Lee at the Kirkwood House 
was handed to the witness.] 

I never saw Atzerodt wear that coat. 

Cross-examined by Mr. Ewing. 

The man Thomas had black hair and a 
heavy black moustache, and he had whiskers 
and beard in front 

By the Court. 

I do not know why Atzerodt and the man 
Thomas got up at the same time in the morn- 
ing. They did not occupy the same bed. On 
the Wednesday before the assassination, when 
Atzerodt left, he told me he was going away, 
and he said, "Greenawalt, I owe you a couple 
of days' board; will it make any diflerence to 
you whether I pay for it now or when I come 
back ?" He said he was going to Mont- 
gomery County. 

I never saw the prisoner, O'Laughlin, at 
my house. 

James Walker (colored). 

jPo;- the Prosecution. — May 18. 

My business at the Pennsylvania House, 
in this city, is to make fires, carry water, and 
to wait on gentlemen that come in late and 
early. I have seen the prisoner, Atzerodt, 
[pointing to the accused, George A. Atzerodt,] 
at the house. He came there between 12 and 
1 o'clock, I think, on Friday night, the 14th of 
April; I held his horse while he went into 
the bar. When he came out, he asked me 
to give him a stick or a switch, as the horse 
was shy of the light; I gave him a piece of 
a hoop, and he went off. I do not know 
whether he had any arms; I did not see any. 
About 2 o'clock in the morning he came 
back again, on foot this time. I had to get 
up to let him in. He wanted to go to room 
51, wliich he had commonly occupied; but 
that was taken up, and he went to 53. He 
left between 5 and 6 in the morning. As 1 
was going out for a hack to take a lady to 
the 6:15 train, 1 overtook him about thirty 
steps from the door; he was walking along 
slowly. Another man came to the house 
about the same time that night, and occupied 
the same room. He went away a little ear- 
lier, to take the 6:15 train; I opened the 
do^ and let him out He had no baggage 
that I saw. The gas was down pretty low 



when they came in; but the man seemed to 
have on dark clothes and a slouch hat He 
paid in advance, and went straight to the 
room. I do not know that I would know him. 
I can not say that any of the prisoners resem- 
ble him. I was not so well acquainted with 
him as with Mr. Atzerodt, who had been 
stopping there a couple of weeks. 

Cross-examined by Mr. Doster. 

[A coat found at the Kirkwood House by John Lee was 
exhibited to the witness.] 

I do not recollect seeing that coat before. 
I have cleaned Mr. Atzerodt's clothes and 
boots, but 1 never saw that coat We gen- 
erally close the house at half-past 12 or 1 
o'clock, and we had not closed on the Friday 
night when Mr. Atzerodt came first ; we closed 
soon afterward. The horse that I held for 
him then was a light-bay horse, small; it 
seemed to be young, and had plenty of spirit 
I opened the door for Mr. Atzerodt on the 
second visit, and took him and the other 
man to their room. They had no conversa- 
tion in my presence. 

I have seen Mr. Atzerodt have a belt, witli 
a pistol and a knife, but I never saw the 
knife out of the sheath. That was probably 
four or five days before that Friday. 

By the Judge Advocate. 

[Exhibiting to the witness the knife found by John Lea 
at the Kirkwood House.] 

I can not tell whether that was the knife. 
It was in the sheath, fastened to the belt 

[Exhibiting a bowie-knife found on Atzerodt.] 
It was something moi-e like that. 
[Tlie knife was offered in evidence.] 

Lieutenant W. R. Keim. 

For the Prosecution. — May 18. 

I was at the Pennsylvania House, in this 

city, on the night of the 14th of April last 

I went to the hotel about 4 o'clock on the 

Saturday morning, and Atzerodt was in bed 

when 1, went into the room. His bed was 

opposite mine. I asked him if he had heard 

of the assassination of the President, and he 

said he had; that it was an awful affair. When 

I awoke in the morning, he was gone. I did 

not see any arms with him. About a week 

or ten days before the assassination I occupied 

room 51 with Atzerodt 

[The largo bowie-knife found at the Kirkwood Honse 
was e.xhibited to the witness.] 

I would not swear that is the knife I have 
seen in Atzerodt's possession, but it was one 
about that size. Atzerodt went out of the 
room one morning and left the knife in his 
bed. I got up and took it and put it under 
my pillow. In a few minutes he returned, 
went to his bed and looked about and then 
said, " Have you seen my knife? " 1 replied, 
"Yes; here it is." Then he said, ''1 want 
that; ifone fails, I want the other;" and I gave 
it to him. His pistol, a revolver, he always 
carried round his waist 



148 



THE CONSPIRACY TRIAL. 



Cross-examined b*/ Mr. Dostek. 

I did not know the prisoner, Atzcrodt, be- 
fore meeting him at tlie Pennsylvania House. 
On the Saturday morning after the assassin- 
ation, when I went into the room where he 
was, I did not speak to him immediately; it 
was perhaps five or ten minutes before I 
epoke. Jle was in bed, but whether undressed 
or not I can not say. When I spoke to him 
about the assassination, he said it was an 
awful thing, and that was about all lie said. 
I did not see him after that He always 
addressed me as " Lieutenant." It was about 
a week or ten days before the assassination 
that I took the knife from his bed. We had 
been drinking together, as we lay in bed; had 
had, perhaps, two or three whisky-cocktails 
apiece. His words, as near as I remember, 
when I gave him back the knife, were, " If 
this fails, the other will not." 

John Caldwell. 

Fur the Prosecution. — May 25. 

I reside in Georgetown. On the morning 
after the assassination, at about 8 o'clock, I 
was at Matthews k Co.'s store, 49 High 
Street, Georgetown, when that man, [point- 
ing to the accused, George A. Atzerodt,] whom 
I knew, came in; and, after my asking him 
how lie was, and so on, said he was going into 
the country, and asked me if I did not want 
to buy his watch. I told him I had a watch 
of my own, and did not want another. He 
then asked me to lend him $10. I told him 
I had not the money to spare. He then took 
his revolver off, and said, " Lend me $10, and 
take this as security, and I will bring the 
money or send it to you ne.xt week. I thought 
the revolver was good security for the money, 
and I let him have the money, expecting him 
to pay it back. 

[A new revolver, loaded and capped, was handed to the 

■witness.] 

This is the revolver. It was loaded and 
capped as it is now. I did not inquire of him 
why it was loaded and capped. • 

[The revolver was offered in evidence.] 

Cross-examined by Mr. Poster. 

I have known Atzerodt for three or four 
years. We were not on very intimate terms; 
we were always civil to each other when we 
met. I had never loaned Atzerodt any money 
before. 

WlLLI.\M CLEXDENiy. 

For the Prosecution. — ^fay 18. 
[.\ bowio-knifo was shown to the witness.] 

1 have had that knife in my hands before. 
I saw a colored woman pick up something 
out of a putter, on F Street, as I was passing 
down on the morning after the assassination. 
She was about ten feet from me, and 1 went 
to her and asked what it was, and she gave 
me this knife in a sheath. A lady in the third 
Btorv window of the house, next to Creaser'a 



shoe-store, told me she saw it in the gutter, 
and sent the colored woman down to get it, 
but that she did not want it to come into the 
house. I told her that 1 would take it to tlie 
Chief of Police, which I did. 

Cross-examined by Mb. Doster. 

It was about 6 o'clock in the morning 
when I saw the woman pick it up. It lay 
in the gutter on F Street, in front of Creaser's 
house, under the carriage step, as if the in- 
tention were to throw it there. Creaser's is 
on F Street, between Eighth and Ninth, op- 
posite the Patent Ofiice. 

Marshal James L. McPhail 

For the Prosecution. — May 18 

I am Provost Marshal of the State of 
Maryland. I received an intimation from 
the prisoner, Atzerodt, that he desired to see 
me. I went to him, and he stated to me that, 
on the night of the assassination of the 
President, he had thrown his knife away in 
the streets of Washington. I made no prom- 
ise or threat to him, in any way, in connec- 
tion with the confession. 

By Mr. Doster. 

Q. Was he not in irons at the time? 

A. Yes, sir; he was in a cell in the prison, 
and in irons. 

Mr. Doster. I respectfully submit that a 
confession made under such circumstances is 
not admissible, because it was made under 
duress, which put the mind of the prisoner 
in a state of fear. 

The Judge Advocate. There was neither 
threat nor promise, and the fact that the man 
was in prison, or even in irons, does not affect 
the question of his mental liberty. A man's 
limbs may be chained, and his mind be per- 
fectly free to speak the truth, or to conceal 
it, if he chooses. 

Mr. Do.stek, in support of his objection, 
quoted from the case of Commonwealth v. 
Mosler, 4 Barr's Report.-*, 265, to the efiect 
that a confession to an officer, as well as to a 
private person, must be unattended with any 
inducement of hope or fear, and must be 
founded on no question calculated to entrap 
the prisoner; and referred aKso to 1 Leech, 
263: 2 East's Pleas of the Crown; 2 Russell 
on Crimes, 644; 1 Washington's Circuit Court 
Reports, 625; 1 Chitty's Criminal Law, 85; 1 
Greenleaf on Evidence, 214; 2Starkie, 36. 

I claim that the prisoner was under the in- 
fiuenceof fear when lie made that confession, 
and without that intluence would not have 
made it. 

The Judge .\dvoc.\te. I think it is due to 
the witness tlial he should be allowed to state 
precisely under what circumstances this con- 
fession was made, and if there is a trace of 
fear, or hope, or incitement of that kind, I 
shall not insist for a moment on the answer 
being heard. 



TESTIMONY CONCERNnifG GEORGE A. ATZERODT. 



140 



Witness. I should state that a brother-in- 
law of Atzerodtis on my force, and for a time 
a brother of the prisoner was on it, and they 
repeatedly told me that Atzerodt desired to 
Bee me. After consulting with the Secretary 
of War, a pass was given me, and I saw the 
prisoner. I saw him first on the gun-boat, 
and afterward in his cell. There was no 
threat, or promise, or inducement of any 
kind made. On the contrary, I told him that 
1 could make no promises to him; if he had 
any thing to say to me, he might say it, but 
I had nothing to say to him. I did not ask 
liim a single question to induce him to make 
a confession. 

[The Commission overruled the objection.] 
Atzerodt said he had thrown his knife away, 
just above the Herndon House, which, I think, 
is on the corner of Ninth and F Streets. 

Cross-examined by Mr. Doster. 

Atzerodt stated that his pistol was in the 
possession of a young man by the name of 
Caldwell, at Matthews & Co.'s store, George- 
town. He had gone to Caldwell, and bor- 
rowed $10 on it, on the morning of the 15th 
of April. He also spoke of a certain coat 
hanging in the room at the Kirkwood House, 
and of a pistol, bowie-knife, and other articles 
there, all of which he stated belonged to the 
accused, David E. Herold. 

Mr. Stone. I must object to that. 

Mr. DosTER. The answer has been ob- 
tained, I do not wish to press it further. 

Hezekiah Metz. 
For the Prosecution. — May 17. 

I reside in Montgomery County, Md., about 
twenty-two miles from Washington City. On 
the Sunday following the death of Mr. Lin- 
coln, the prisoner, George A. Atzerodt, was 
at my house, and eat his dinner there. That 
is the man, [pointing to the accused, George 
A. Atzerodt.] He was just from Washington. 
We were inquiring about the news, and a 
conversation came up about General Grant's 
being shot — for we had understood that he 
had been shot on the cars — when Atzerodt 
said, as I understood, " If the man that was 
to follow him had followed him, it was likely 
to be so." 

Atzerodt passed in the neighborhood by the 
name of Andrew Attwood ; that was the 
name by which I knew him. When I saw 
liim, he represented himself as coming from 
Washington, and was traveling in the direc- 
tion of Barnsville. 

Cross-examined by Mr. Doster. 

It is two or three years since I first became 
acquainted with Atzerodt. I had but a slight 
acquaintance with him ; I knew him when I 
saw him. He went by the name of Andrew 
Attwood around our neighborhood, and he 
has gone by that name ever since I have 
known him. My house is about a mile from 



the road that leads to Barnsville. It was be- 
tween 10 and 11 o'clock on Sunday that At- 
zerodt came there; he remained some two or 
three hours. Two young men named Lea- 
man were in the room when Atzerodt made 
the remark about somebody following Gen- 
eral Grant. I do not remember that Atzerodt 
said any thing about the assassination; they 
might have been talking about it before I 
came into the room. The conversation about 
General Grant occurred after I got into the 
room. 

Sergeant L. W. Gemmill. 

For the Prosecution. — May 17. 

I arrested the prisoner, George A. Atzerodt, 
[pointing to the accused,] on the 20th of April, 
about 4 o'clock in the morning, at the house 
of a man named Richter, near a place called 
Germantown. I was sent there for the pur- 
pose by Captain Townsend, with a detail of 
six men. I first went to Mr. Purdon's house 
to get him as guide to Mr. Richter' s. When 
I knocked at the door, Richter asked me 
twice who it was before he would let me in. 
I told him to come and see. When he came 
to the door, I asked him if there was a man 
named Attwood there ; he said no, there was 
no one there; that he had been there, but 
had gone to Frederick, or to that neighbor- 
hood. I then told him that I was going to 
search the house, when he said that his 
cousin was up stairs in bed. His wife then 
spoke up, and said that as for that there were 
three men there. He got a light, and taking 
two men with me, went up stairs, where I 
found Atzerodt lying on the front of the bed. 
I asked him his name, and he gave me a 
name that I did not understand, and which I 
thought was a fictitious one. I told him to 
get up and dress himself; and I took liim to 
Mr. Leaman, a loyal man, who knew him. 
Mr. Leaman told me it was the man. Atze- 
rodt made no inquiry as to why he was ar- 
rested; but denied having given me a fictitious 
name. I asked him if he had left Washington 
lately, and he said no. I then asked him if he 
had not something to do with the assassina- 
tion, and he told me that he had not. 

Cross-examined by Mr. Doster. 

My orders from Captain Townsend were 
to arrest a man by the named of Attwood; 
and I was ordered to go to Mr. Purdon and 
get a description of him, and to press him as 
a guide to the house of Richter. I do not 
remember the name Atzerodt gave me, and 
would not swear that it was not " Atzerodt; " 
he afterward insisted that that was the name 
he gave me. He spoke in German, and that 
is the reason why I did not understand the 
name. 

Marcus P. Norton. 

Recalled for the Prosecutioii. — June 3. 

Assistant Judge Advocate Burnett stated 
to the Commission that since the case was 



150 



THE COSSPmACT TRIAL. 



doMil ott ihe p*rt of the proeecuiion. testi- 1 laoguage us<d in the cooTersation, but the 
woamj of imponaace had been dLscoTered, sabetance of it was, that if the matter suc- 
ttndii^ to implicate George A. Atzerodt, cceded as well with Mr. Johnson as it did 
Micliad O'Laa^hlin. and Samuel A. Modd, with old Buchanan, their partj would get 
ia cooncctioo with J. Wilkes Booth. I terriUj stdd. 

Mr. Cox objected to the introduction of anr , ^.,_ - j i vr tv 

eridence that would affect the prkonera iiJ-i tYosM-rxamtntd by Ma. IXostsb. 

diTidoaUj, the understanding bong that the \ The conversation between Atzerodt and 
proaecation was dosed, except as to eridence Booth look place in the rotanda office of 



reflecting light on the general conspiracj 
It was eontrarr to the practice of dril courts 
to allow the introduction o( testimonj after 
the proseenUon had beoi doeed, except what 
was stiictlj in rebnttaL 

AflBiBtant Judge Advocate BrxxKir stated 
that in militarj courts, eren atler the case 
had been closed on both sides, it was allow- 
able to call new witneeaes at the diacretioD 
ortheConil 



the National Hotel, earlj in the evening, as 
I was i^iuing, perhapi^ within two or three 
feet of them. I remember the prisoner, At- 
zerotlt, bv his countecance and general feat- 
ures, tliongh I do not think he had as much 
<rf' a scowl on his tux as he has now. 

Recalled for ike Proteeution. — Jwne 8. 
Crost-examtHed by Ms. Bosteb. 
I have seen Booth plav in Washington, in 
The Commiwion decided to admit the testi- New York, and once, I ebink, in Boston, bat I 
monj. I can not recall how manv times, nor the pieces 

I reside in the city of Tror, New York. I in which I saw hiiu. At the time of hearing 
From about the 10th of Janoaiy ontQ about j the conversation between Booth and Atzerod: 
the 10th of March, I was slopping at the | at the National Hotel. I did not consider it as 
National Hotel in this city. I knew J. Wilkes I having reference to an attempt to poison Mr. 
Booth, having seen him several times at thei Johnson: bat the assa^ination of the Presi- 
theater. I aiw the pnsoners, George A. At- j dent, and Booth being coupled with it, is what 
zerodt and Michael O'Laughlin, prior to the ~ 
inaugniation of President Lincoln. I saw 
Atzerodt twice, and (XLanghlin three or four 



times, in converaation with Booth. On one 
oceasioB I accidentally heard some convoaar 
tion between AtserodI and Booth, as I sat on 
the same seat with them ; it was on the even- 
ing of eitho the 2d or 3d of Mardi last; I 
think the 3d. I can not give the preciae 



has tamed my attention to the conversation. 
See also the testimonj of 

Louis J. Weichmann P*g^^ 1^^ H^ 

J. M. Lloyd. page 130 

Anna E. Sarr«tt — " IZO 

Honor* Ficzpauick. ~...,. ^ 132 

Eliia Holahan " 132 

John Holahan „ " 139 

Ea:oa G. Homer " 2:i4 



DEFEASE OF GEORGE A. .\TZERODT. 



Cauais Fkaxk Mo»», U. a N. 

For tke Defemu^—May 3a 

By Mk. BoarxKB. 

I had the custody of the prisoner at the bar 
OB board the monitota Saogns and Montank. 

Mr. DosTSB. Before going further with 
the eraminatioB of the witness, I wish to sub- 
mit an application of the prisoner in writing. 

This is a proposal on the part of the pria- 
OBcr, Atscrodt, that his eonfoesions made to 
the witness shall be heard by this Court as 
tertimony in his lavor — eonfassions in r^ard 
to which no evidence whatever has bc»ai in- 
trodneed bjr the Govcmment I can not 
andetataDd on what grounds aoeh an applica- 
tion eaa be urged. 



Mr. DosTKB. The prisoner desires to make 
a full statement of his guilt in this transac- 
tion, if there is any guilt, and of bis inno- 
cence, if there is any evidence of it. He aaks 
his statement to be placed on record, becatise 
he has been debarred from calling any other 
prisoners who might be his witnesses, for the 
reason that thev are co-defendants. He 
therefore asks that he may be allowed to 
speak through Captain Monroe, as he would 
otherwise speak through one of his co-defend- 
ant& 1 ask thi^ as a matter of fairness and 
liberalitv at the hands of the Commission. 

The JiroGB .\dvocatil It is greatly to ba^^ 
deplored that the counsel for the accused will ^ 
urge upon the Court proposals which they 
know to be contrary to law. 

Mr. DosTEK. 1 have no more to aak the 
witness then. 

■f 



DBFKVSB OF OSO^GB A. ATZEBODT. 



151 



Matthew J. Pope. 

For th€ JJcjcmc. — Junt 2. 

By Mb. Dosteb. 

I live at the Xavy Yard, and keep a livery- 
stable; UDiil recently I kepi a restaurant A 
few days before the assassination of the Presi- 
dent, ]>erhaps aboat the 12th of April — I do 
not know the exact day — a gentleman called 
at my stable to sell a bay horse; it was a 
large bay horee, and blind of one eye: 

ITht- priaoiier, George A. Atzerodt vma desired to staad 
np for itieotificatioB.] 

That man has something of the same feat- 
ures : he was very mnch such a looking man ; 
bat if it is the same, he is not near so stoat as 
when he broaght the horse to mj stable I 
can not say positively that it is the same. 
There are many applications at my stable to 
buy and sell horses, that I did not take much 
notice of him. I told him 1 did not want to 
buy the horse; that I bad more horses 
than I had use for. It was some time after 
12 or 1 o'clock at noon that be came. The 
horse was pat into my stable, and the gentle- 
man went over to my restaurant and took a 
drink. He left there with a man named Barr, 
a wheelyrigbt in the Xavy Yard. They 
came back together, and the gentleman took 
his horse out and rode him away. The horse 
was in the stable, I think, some two or three 
hours. Barr was not sober at the time: he 
had been drinking a little 

JoHX H. Baks. 
For ihe Dijentc — Jyim 5. 

By Mk. Doster. 

• 

I have seen Atzerodt, the |sisoner at the 
bar, once before. I was coming fix>in my 
work at the Xavy Yard one evening, and 
stopped at Mr. Popes restaurant, and tbere 
met this gendemaiu I did not know him at 
the time, but we bad several drinks togetho'. 
I proposed to him to go home and take sapper 
with me. and he did so. After supper, we 
went back to Mr. Popves restaurant, and 
Lad, I think, a couple of drinks. We then 
went out, rettimed to the restaurant again, 
and took two more glasses, and ^m there 
went to Mr. Pope's stable. The gentleman 
took bis horse out, and I saw him get on and 
ride off That is the last I saw of him. Bj 
referring to my book, I can tell the exact day 
on which this occurred, because I know the 
work that I did that day ; I made two spring 
blocks for Sanderson i Miller. I find it was 
the 12lh of Aprilf 

James Kellehes. 

F<fr the Defaue. — Ma^ 901 

By Mb. Dosteb. 

I am one of the proprietors of the livery- 
etable on Eighth and £ Streets. On the 14th 
of April last^ about half-past 2 in the day, 1 



let the prisono-, Atza^t, [pointing to the 
aceused, Geoi^ A. Atzerodt,] hare out of my 
stable a small bay mare, sixteen and a half 
hands high. He paid me five doDan ibr the 
hire. The horse was r^nmed, to the best of 
my knowledge, between 9 and halffaet 9 tha^ 
night 

Q- When Atzerodt engaged the botse, did 
you have a convereatioa with him ? 

A, Yes, sir. 

Q. State what tbat oonTeraatioa was. 

Assistant Judge Advocate Bubxett ob- 
jected to the question as incompetent 

The question was waived. 

Atzerodt wrote his name on the slate in a 
tolerably good hand; and he gave me ee-r- 
eral references willii^j. He first gave a 
number of persons in Maryland. He said he 
knew a good many persons there, and th&t he 
was a coach-maker by trade. Stanley Hig- 
gins was one to whom he referred : I can not 
recall any other. He also gave me tbe name 
of John Cook in Washington as a referenee, 
and several other names in Washington, bat 
I do not remember them. 

Cron-examined. by Assistaxt Judge Adtocate 

BrE>-ETT. 

I was not theze when the hatst was re- 
tamed. Wh«i I went to the stable next 
morning, the bozse was there 



Samuel Sigth. 

For the Defc-^Lic — May SOl 

By Mb. !I>ost£b. 

I am a stable-boj at Mr. Kelleher s staUe. 

I was at the stable on the night of the 14di of 
April last The hay mare that was let «vt 
ab«out 2 o clock in the afternoon was returned 
in the course of the evening : to the best of 
my knowledge, it was about 11 o'clock. She 
was about in tbe same condition as when she 
was taken out 

Crost-examiMed by Assistant Judge Adtocate 

BrEXETT. 

I did not notice the poson who brooght 
back the mare : there was a little light in the 
stable, but it was voy dim: and thoe was 
no light on the sidewalk. The man stopped 
outside the door, and I went oat there and 
broaght the mare in. It was by feeling ho* 
that I could teU she had not been' ridden hard. 

laoxABD J. Fabwelx^ 

Jkr the Dffduc — Jwm 3L 

By Mb. Dosteb. 

On the evening of the 14th of April last, 
on leaving Fords Theater. I went immedi- 
ately to the Kirkwood House, to tbe room of 
Vice-PT>e$ident Johnson. I shookl think it 
was between 10 and half-past 10 o'clock. I 
found the room door locked. I rallied, b«t 
recdving no answer, I rapped a^^in, and said. 



152 



THE CONSPIRACY TRIAL. 



in a loud voice, "Governor Johnson, if you 
are in the room, I miiet see you." I believe 
the door was locked, but am not certain. I 
can not say whether I took hold of the han- 
dle or not I did not see any one apparently 
lying in wait near Mr. Johnson's door. 

I remained in Mr. Johnson's room about 
half an hour. I took charge of the door, 
and locked and bolted it on the inside. A 
number of persons came to the door, but I 
did not allow any of them to come in, unless 
he was some gentleman personally known to 
the Vice-President. I also rang the bell and 
had a guard placed at the door. 

[The witness was here requested to look at the prisoner, 
George A. Atzerodt.] 

I do not know that I have seen the prisoner 
before. 

Miss Jane Herold. 

For the Defense. — May 30. 

By Mr. Doster. 

1 am the sister of David E. Herold, the 
prisoner at the bar. 

rE.xhlbiting to the witness the black coat found at the 
Kirkwood House, also the handkerchief marked " H."] 

I think I never saw that coat in the pos- 
session of my brother. The handkerchief 
does not belong to him. 

F, H. DOOLEY. 

For the Defense. — May 31. 

By Mr. Doster. 

I am an apothecary, on the corner of 
Seventh Street and Louisiana Avenue. The 
tooth-brush and liquorice found at the Kirk- 
wood House have trade-marks on them that 
I^m positive do not belong to my estab- 
liehment 

Somerset Leaman. 

For the Defense. — May 30. 

By Mr. Doster. 

I have known the prisoner, George A. 
Atzerodt, ever since he was a boy. I was at 
the house of Hezekiah Metz on the Sunday 
morning following the assassination of the 
President, and met Atzerodt there. As I 
approached him, I said, in the way of a 
joke, " Are you the man that killed Abe 
Lincoln?" "Ye."'," said he, and laughed. I 
said, " Well, Andrew" — he went by the name 
of Andrew there — "I want to know the 
truth of it; is it so?" I asked him if the 
President was assassinated, and he said, "Yes, 
it is so; and he died yesterday evening about 
3 o'clock." I then asked him if it was true 
that Mr. Seward'.i throat was cut, and two 
of his sons stabbed, and he replied, " Yes, 
Mr. Seward was stabbed, or rather cut at the 
throat, but not killed, and two of his sons 
were stabbed." 1 then asked him if what 
we heard about General Grant was correct, 
that he was assassinated on the same night. 
Ue answered, "No, I don't know whether 



that is so or not; I don't suppo.se it is so; 
if it had been, I should have heard it." 

While we were at the dinner-table, my 
brother asked him the question again, 
whether General Grant was killed or not, 
and he said, " No, I don't suppose Ire was; 
if he was killed, he would have been killed 
probably by a man that got on the same 
car" — or the same train, I doxiot remember 
which — "that Grant got on." 

I was not in Atzerodt's company more 
than half an hour, and that was about all 
that passed in reference to this in my presence. 

I thought Atzerodt seemed somewhat con- 
fused at the dinner-table. He had been 
paying his addresses to the daughter of Mr. 
Metz, and it appeared that she had been 
showing him the cold shoulder that day, and 
he was down in the mouth in consequence. 
There was no remark made at the dinner- 
table that I did not hear. 

Atzerodt's father had settled in our neigh- 
borhood, but moved away when Atzerodt 
was quite a boy, and I had seen but little of 
him until the last year or two. He visited 
among the neighbors thei*e, many of whom 
were respectable people. 

J^viiES E. Leamax. 

For the Defense. — May 30. 

By Mr. Doster. 

I have known the prisoner, George A. 
Atzerodt, for about two years. I was at the 
house of Mr. Metz on the Sunday morning 
following the assassination. I broached the 
subject of General Grant being assassinated, 
and asked him whether it was so or not He 
said he did not suppose it was ; and he 
added, " If it is so, some one must have got on 
the same cars that he did." That was all the 
conversation that 1 had with him, with the 
exception that when he and I were out in 
the yard he said — 

Mr. DosTEK. That is unnecessary ; you 
need not state what he said in the yard. 

By Assistant Judge Advocate Burnett. 

Q. Go on and state what he said to you in 
the yard. 

A. He said, " 0, my ! what a trouble I 
see." I said to him, " Why, what have you 
to trouble you ?" Said he, " More than I 
will ever get shut of" 

By Mr. Doster. 

Q. That was immediately after you had 
been speaking of the assassination, was it? 

A. No, sir; some time afterward. I took 
it for granted — 

Assistant Judge Advocate Burnett. You 
need not state what you took for granted. 
Give the words, and nothing else. 

A. That was about all he said at that time. 

Atzerodt had been paying his addresses to 
Mr. Metz's daughter, and she had slighted him 
some time before he went out into the yard. 



DEFENSE OF GEORGE A. ATZERODT. 



153 



Hartman Richter. 

For the Defense. — Mai/ 31. 

B}/ Mr. Doster. 

I live in Montgomery County, Maryland, 
and am a cousin of the prisoner, George A. 
Atzerodt. He came to my house about 2 or 
3 o'clock on Sunday afternoon, I met him 
in the morning, on my road to church. I 
did not have much conversation with him, 
and I noticed nothing peculiar about him. 
He remained at my house from Sunday till 
Thursday morning, and occupied himself 
with walking about, working in the garden a 
little, and going among the neighbors. He 
did not attempt to get away, or to hide 
himself. When he was arrested he seemed 
very willing to go along. He had on a kind 
of gray overcoat when he came to my house. 

Sasiuel McAllister. 

For the Defense. — May 30. 

By Mr. Doster. 

During the month of April I saw a pistol 
and a dirk in Atzerodt's possession. He 
gave them to me to keep for him. 

fTlie knife and pistol found at the Kirkwood House 
wero exhibited to the witness.] 

Those are not the knife and pistol. 

[The knife found near F and Ninth Streets on the morn- 
ing of the loth of April was exhibited.] 

That looks very much like the knife; it 
was a knife of that description. 

[Exhibiting to the witness the pistol identified by John 
Caldwell, on which he loaned SIO.] 

That looks very much like it. 

On the evening of the 14th of April, at 
about 10 o'clock, he rode up to the door 
[Pennsylvania House] and called the black 
boy out to hold his horse. I did not take 
particular notice of him, or notice whether 
he was excited or not. 

Q. Do you know any thing about his rep- 
utation for courage ? 

Assistant Judge Advocate Bixgham. I 
object to that; I do not think we are going 
to try his character for courage. 

Mr. Doster. May it please the Court, I 
intend to show that this man is a constitu- 
tional coward; that if he had been assigned 
the duty of assassinating the Vice-President, 
he never could have done it; and that, from 
his known cowardice. Booth probably did 
not assign him to any such duty. Certainly 
it is just as relevant as any thing can be. 



Assistant Judge Advocate Bingham. If 
the counsel wishes to prove that the prisoner, 
Atzerodt, is a coward, I will withdraw my 
objection. 

Witness. I know nothing of his reputa- 
tion for cowardice, save what I have heard 
from othei's. I have heard men say that he 
would not resent an insult. 

Alexander Brawnee. 

For the Defense. — June 8. 

By Mr. Doster. 

I live in Port Tobacco, Md. I have known 
the prisoner, Atzerodt, six or eight years. 
He was at Port Tobacco about the last of 
February or the beginning of March. I think 
he came from Bryantown; he rode a sorrel 
horse. I had some business in the country, 
and he went along with me. 

I never considered Atzerodt a courageous 
man, by a long streak. I have seen him in 
scrapes, and I have seen him get out of 
them very fast. I have seen him in bar-room 
scrapes, little scrapes, and where pistols were 
drawn, and he generally got out of the way, 
and made pretty fast time. His reputation 
is that of a notorious coward. 

Louis B. Harkins. 

For the Defense. — June 8. 

By Mr. Doster. 

I have known Atzerodt for probably ten 
years. He was down at Port Tobacco about 
the latter part of February or the beginning 
of March. I think I saw him for a day or 
two. He is looked upon down there, by folks 
that know him, as a good-natured kind of a 
fellow. We never gave him credit down our 
way for much courage. I call to mind two 
difficulties in which I saw him — one hap- 
pened in my shop, and the other in an oys- 
ter saloon — in both of which I thought he 
lacked courage. 

Washington Briscoe. 

For the Defense. — May 30. 

By Mr. Doster. 

I have known the prisoner, Atzerodt, six 
or seven years at Port Tobacco. He has al- 
ways been considered a man of little courage, 
and remarkable for his cowardice. 



154 



THB CONSPIRACY TRIAL. 



TESTIMONY CONCERNING LEWIS PAYNE. 



Mrs. Martha Murray. 
For the Prosecution. — May 19. 

My husband keeps the Herndon House, 
corner of Ninth and F Streets, opposite the 
Patent Office, cat-a-cornered. The only one 
of the prisoners I recognize as liaving seen 
before is that man, [pointing to the accused, 
Lewis Payne.] I think I have seen him; 
liis features are familiar to me, but I would 
not say for certain. lie was two weeks in 
our house, and he lefl on the Friday, the day 
of the assassination. He left on the 14th 
day, about 4 o'clock. We have dinner at 
half-past 4, and this gentleman came into 
the sitting-room and said he was going away, 
and wanted to settle his bill; and he wished 
to have dinner before the regular dinner; so 
I gave orders for the dinner to be cut off 
and sent up to him. He went into the 
dining-room to eat his dinner, and I have 
not seen him since. 

I do not recognize either of the prisoners as 
having visited this man. I remember that 
he once came in with two gentlemen to sup- 
per. I do not remember that any one spoke 
to me about engaging a room for this man. 
I am spoken to by so many that I could 
not remember any particular circumstance 
of that kind. 

Wm. H. Bell (colored.) 

For the Prosecution. — May 19. 

I live at the house of Mr. Seward, Secre- 
tary of State, and attend to the door. That 
man [pointing to the accused, Lewis Payne] 
came to the house of Mr. Seward on the 
night of the 14th of April. The bell rang 
and I went to the door, and that man came in. 
He liad a little package in his hand ; he said 
it was medicine for Mr. Seward from Dr. 
Verdi, and that he was sent by Dr. Verdi to 
direct Mr. Seward how to take it He said 
he must go up. I told him that he could not 
go up; then he repeated the words over, and 
was a good while talking with me in the hall. 
He said he must go up; he must see him. 
lie talked very rough to me in the first place. 
1 told him he could not see Mr. Seward; 
that it was against my orders to let any one 
go up, and if he would give me the medi- 
cine and tell me the directions. 1 would take 
it up, and tell Mr. Seward how to take it. 
He was walking slowly all the time, listen- 
ing to what I had to say. He had his right 
hand in his coat-pocket, and the medicine in 
his left He then walked up the hall toward 
the steps I had spoken pretty rough to 



him, and when I found out that he would 
go up, I asked him to excuse me. He said, 
"0! I know; that's all right" I thought 
he might, perhaps, be sent by Dr. Verdi, and 
he might go up and tell Mr. Seward that I 
would not let him go up, or something of 
that kind. I got on the steps and went up 
in front of him. As he went up I asked him 
not to walk so heavy. He met Mr. Freder- 
ick Seward on the steps this side of his 
father's room. He told Mr. Frederick that 
he wanted to see Mr. Seward. Mr. Frederick 
went into the room and came out, and told 
him that, he could not see him; that liis 
father was asleep, and to give him the 
medicine, and he would take it to him. 
That would not do; he must see Mr. Seward. 
He must see him; he said it in just that 
way. Mr. Frederick said, "You can not see 
him." He kept on talking to Mr. Frederick, 
saying, that he must see him, and then Mr. 
Frederick said, "I am the proprietor here, 
and his son; if you can not leave your mes- 
sage with me, you can not leave it at all." 
Then he had a little more talk there for a 
while, and stood there with the little package 
in his hand. Mr. Frederick would not let 
him see Mr' Seward no way at all, and tlien 
he started toward the step and said, " Well, 
if I can not see liim — " and then he mum- 
bled some words that I did not understand, 
and started to come down. I started in front 
of him. I got down about three steps, I guess, 
when I turned arouiul to him and said, 
" Do n't walk so heavy." Then by the time I 
turned around to make another step, he had 
jumped back and struck Mr. Frederick. By 
the time I could look back. Mr. Frederick 
was falling; he threw up his hands and fell 
back in his sister's room; that is two doors 
this side of Mr. Seward's room. Then I ran 
down stairs and out to the front door, hal- 
looing " murder," and then ran down to Gen- 
eral Augurs head-quarters. I did not see 
the guard, and ran back again. By that time 
there were three soldiers who had run out of 
the building and were following me. When 
I got way back to the house, turning the 
corner there, I saw this man run out and get 
on his horse. He had on a light overcoat, 
but he had no hat on when he came out 
and got on his horso I did not see his horse 
when he came to ilie hoiise. and did not 
know he had a horse until I saw him get 
on it. 1 hallooed to the soldiers, "There he 
is, g<^ing on a horse!" They slacked their 
running, and ran out into the street, and did 
not run any more until he got on his liorse 
and started off. I followed him up as far as 



TESTIMONY CONCERNING LEWIS PAYNE. 



155 



I Street and Fifteen-and-a-half Street, and he 
turned right out into Vermont avenue, where 
I lost sight of him. He rode a bay mare; it 
was a very stout animal, and did not appear 
to be a very high horse. He did not go very 
fast until he got to I Street. I must have 
beea within twenty feet of him, but at I 
Street he got away from me altogether. 

I do not know what he struck Mr. Fred- 
erick Seward with. It appeared to be round, 
and to be mounted all over with silver, and 
was about ten inches long. I had taken it 
for a knife, but they all said afterward it was 
a pistol. I saw him raise his hand twice to 
strike Mr. Frederick, who then fell. I did 
not wait any longer, but turned round and 
went down stairs. When he jumped round, 
he just said, "You," and commenced hitting 
him on the head; but I had hardly missed 
him from behind me until I heard him say 
that word. 

I never saw this man about the door that 1 
know of, nor did I see any person on the 
pavement when I came out. 

Cross-examined by Mr. Doster. 

I do not know how old I am ; I guess I 
am between nineteen and twenty. I was at 
school four or five years. I have been at 
Mr. Seward's nine months, and am second 
waiter. The talk with the man was inside; 
he came in and 1 closed the door. He had a 
very fine voice. 

1 noticed his hair and his pantaloons, and 
I noticed his boots that night. He talked to 
Mr. Frederick at least five minutes while up 
there near his father's door, in the third story. 
He had on very heavy boots at the time, black 
pants, light overcoat, and a brown hat. His 
face was very red at the time he came in; and 
he had very black, coarse hair. 

I saw the same boots on him the night they 
captured him, and the same black pants. 

The first time I saw the prisoner after that 
night was on the 17th of April. They sent 
for me about 3 o'clock in the morning to go 
down to General Augur's head-quarters. A 
Colonel there, with large whiskers and mous- 
tache, [Colonel H. H. Wells,] asked me to 
describe this man. I told him he had black 
hair, a thin lip, very fine voice, very tall, and 
broad across the shoulders, so I took him to 
be. There were twenty or thirty gentlemen 
in the room at the time, and he asked me 
if any gentleman there had hair like him, 
and I told him there was not. He then said, 
"I will bring a man in here and show him 
to you." I was leaning down behind the desk 
so that I could not be seen. The light was 
then put up, and a good many men walked 
into the room together. I walked right up to 
this man, and put my finger right here, [on the 
lip,] and told him I knew him; that he was 
the man. Nobody had offered me any money 
for giving the information, and no threats had 
been made to me. 

When he struck Mr. Frederick Seward, 



and I ran out, I did not observe any horse; 
but when I saw him run out of the house, I 
followed him to I Street; it seems to me he 
went very slow, because I kept up with him 
till he got to I Street. 

William H. BeLl. 

Recalled for the Prosecution. — May 19. 

[By direction of the Judge Advocate the handcuffa 
were removed from the prisoner Payne, who put on the 
dark-gray coat, and over it the white and brown mixed 
coat, and the hat identified by Colonel Wells.] 

When he came to Mr. Seward's he had on 
that coat, and that is the very same hat he 
had on; one corner of it was bent down over 
his eye. He had on a white collar, and looked 
quite nice to what he looks now. He had 
the same look as he has now, but he looked 
pretty fiery out of his eyes at me, the same 
way he looks now. 

Sergeant George F. Eobinson. 
For the Prosecution. — May 19. 

On the 14th of April last I was at the resi- 
dence of Mr. Seward, Secretary of State, 
acting as attendant nurse to Mr. Seward, who 
was confined to his bed by injuries received 
from having been thrown from his carriage. 
One of his arms was broken and his jaw frac- 
tured. 

That man [pointing to the accused, Lewis 
Payne] looks like the man that came to Mr. 
Seward's house on that Friday night. I 
heard a disturbance in the hall, and opened 
the door to see what the trouble was; and as 
I opened the door this man stood close up to 
it. As soon as it was opened, he struck me 
with a knife in the forehead, knocked me 
partially down, and pressed by me to the bed 
of Mr. Seward, and struck him, wounding him. 
As soon as I could get on my feet, I en- 
deavored to haul him off the bed, and then 
he turned upon me. In the scuffle, some one 
[Major Seward] came into the room and 
clinched him. Between the two of us we got 
him to the door, or by the door, and he, 
unclinching his hands from around my neck, 
struck me again, this time with his fist, 
knocking me down, and then broke away 
from Major Seward and ran down stairs. 

I saw him strike Mr. Seward with the same 
knife with which he cut my forehead. It 
was a large knife, and he held it with the 
blade down below his hand. I saw him cut 
Mr. Seward twice that I am sure of; the 
first time he struck him on the right cheek, 
and then he seemed to be cutting around his 
neck. I did not hear the man say any 
thing during this time. 

I afterward examined the wounds, and 
found one cutting his face from the right 
cheek down to the neck, and a cut on his 
neck, which might have been made by tlie 
same blow, as Mr. Seward was partially 
sitting in. bed at the time; and another on 
the left side of the neck. Those were all I 



156 



THE CONSPIRACY TRIAL. 



noticed, but there may have been more, as j father, I shoved the person of whom I had 
it was all bloody when I saw it. Mr. Sew- hold to the door, with the intention of getting 
ard received all his stabs in bed; but after [hira out of the room. While I was pushing 
the man was gone, and 1 went back to the j him, he struck me five or six times on the 
bed, I found that he had rolled out, and was | forehead and top of the head, and once on 



1 



lying on the tloor. 

I did not see Mr. Frederick Seward down 



the left hand, with what I supposed to be a 
bottle or decanter that he had seized from 



on the floor; the first I saw of him was after the table. During this time he repealed, in 
the man was gone; when I canie back into! an intense but not strong voice, the words, 
the room he was inside the door, standing up. i " I 'm mad ! 1 m mad ! ' On reaching the 
The man went down stairs immediately after ; hall he gave a sudden turn, and sprang away 



he unwound his arm from round my neck 
and struck me with his fist. I did not see 
him encounter Major Seward. 

After he was gone we picked up a revolver, 
or parts of one, and his hat 

[A slouch felt hilt was exhibited to the witness.] 

I should judge that to be the hat; it looks 
like the one found there. 

[A revolver was exhibited to the witness.] 

That is the revolver picked up; I .did not 
see this part, [the ramrod, which was discon- 
nected.] 

[The hat and revolTer were both offered in evidence.] 
[At the rrquest of the Court, the guard was directed to 
place the hat on the head of the prisoner, Payne, to see if 
It fitted him or not, which was done, Payne smiling 
pleasantly. It was found to fit him.] 

Recalled for the Prosecution. — May 19. 

[The accused, Lewis Payne, clad in the coat and vest in 
which he was arrested, and the hat found at Mr. Sew- 
ard's, was directed to stand up for recognition.] 

He looks more natural now than he did 
before. I am not sure about it, but I think 
that is the man that came to Secretary Sew- 
ard's house on the night of the 14th of April, 
a little after 10 o'clock. The pistol that was 
picked up in the room after he left was 
loaded. I examined it. 

Major Augustus H. Seward. 
For the Prosecution. — May 26. 

I am the son of the Hon. William H. Sew- 
ard, Secretary of State, and was at his home 
in this city on the night of the 14th of April 
last. I saw that large man, with no coat on, 
[pointing to the accused, Lewis Payne,] at 
ray father's house that night. 

I retired to bed at half-past 7 on the night 
of the 14tli, with the understanding that I 
was to be called about 11 o'clock to sit up with 
my father. I very shortly fell asleep, and 
BO remained until awakened by the screams 
of my sister, when I jumped out of bed and 
ran into my father's room in my shirt and 
drawers. The gas in the room was turned 
down rather low, and I saw what appeared to 
me to be two men, one trying to hold the other 
at the foot of my father's bed. I seized by 
the clothes on his breast the person who was 
held, supposing it was my father, delirious; 
but, immediately on taking hold of him, I 
knew from his size and strength it was not 
my father. The thought then struck me 
that the nurse had become delirious sitting 
up there, and was striking about the room at 
r-andom. Knowing the delicate state of my 



from me, and disappeared down stairs. When 
near the door of my father's room, as I was 
pushing him out, and he came opposite 
where the light of the hall shone on him, I 
saw that he was a very large man, dark, 
straight hair, smooth face, no bcflrd, and I 
had a view of the expression of his counte- 
nance. I then went into my room and got my 
pistol. It may possibly have, taken me a 
minute, as it was in the bottom of my carpet- 
bag, to find it. I then ran down to the front 
door, intending to shoot the person, if he 
attempted to return. While standing at the 
door, the servant boy came back and said 
the man had ridden off on a horse, and that 
he had attacked the persons in the house 
with a knife. I then realized for the first 
time that the man was an assassin, who 
had entered the house for the purpose of 
murdering my father. 

I suppose it was five minutes before I went 
back to my father's room. Quite a large 
crowd came around the door; I sent for the 
doctors, and got somebody to keep the crowd 
off before I went up to his room. It might 
not have been five minutes, hut certainly 
three, before I got back; I think nearer five. 

I was injured pretty badly myself, I found, 
when I got up stairs again. After my fa- 
ther's wounds were dressed, I suppose about 
an hour, and after my own head had been 
bandaged, I went in and saw my father, and 
found that he had one very large gash on his 
right cheek, near the neck, besides a cut on 
his throat on the right-hand side, and one 
under the left ear. I did not examine my 
brothers wounds; in fact, I went into his 
room but for a short time that night. I did 
not know how badly hurt he was. The next 
day he was insensible, and so remained ; and 
it was four or five days before I saw what his 
wounds were. I found then that he had two 
wounds, one on the scalp, that was open to 
the brain, and another one over the ear. 
After the pieces of fractured skull were taken 
out, it left the covering of the brain open. 
It was such a wound tliat I should have sup- 
posed could have been made with a knife, but 
the surgeons seemed to think it was made 
by the hammer of a pistol. I heard that a 
pistol was picked up in the house, but I did 
not see it. I saw the hat that was found, 
and think I should recognize it. 

[A slouch felt hat was exhibited to the witness.] 

I am quite certain that is the hat I did 
not see it the night it was picked up, but tl ' 



TESTIMONY CONCERNING LEWIS PAYNE. 



157 



next day it was taken out of the bureau- 
drawer, where it had been put the night be- 
fore, and shown to me. 

The surgeons think it was a knife with 
which I was struck, and after the servant boy- 
told ine what the man liad been doing, I sup- 
posed so myself, though at the time 1 thought 
I was being struck with a bottle or a decanter. 
Not having any idea that it was a man with 
a knife, I did not think any thing about it. 

I feel entirely satisfied that the prisoner at 
the bar, Payne, is the same man that made 
the attack on that night. 

Cross-examined by Mr. Dostek. 

This is not the first time I have seen the 
prisoner since the attack; I saw him on board 
the monitor the day after he was taken. He 
was brought up on deck of the monitor, and 
I took hold of him the same way I had hold 
of him when I shoved him out of the room, 
and I looked at his face, and he had the same 
appearance, in every way, that he had the 
few moments that 1 saw him by the light in 
the hall; his size, his proportions, smooth 
face, no beard, and when he was made to 
repeat the words, "I'm mad! I'm mad! " I 
recognized the same voice, varying only in 
the intensity. 

Surgeon-General Joseph K. Barnes. 
For the Prosecution. — May 19. 

I was called on the night of the 14th of 
April, a few minutes before 11 o'clock, to go to 
Mr. Seward, the Secretary of State. On ar- 
riving at his house, I found the Secretary 
wounded in three places ; Mr. Frederick W. 
Seward insensible and very badly wounded in 
the head; the rest of the family I did not 
see, as I was occupied with them. The 
Secretary was wounded by a gash in the right 
cheek, passing around to the angle of the 
jaw ; by a stab in the right neck, and by a 
Btab in the left side of the neck, 

Mr. Frederick Seward was suffering from a 
fracture of the cranium in two places; he 
was bleeding very profusely, exceedingly faint, 
almost pulseless, and unable to articulate. 
The wounds seem to have been inflicted by 
some blunt instrument — the butt of a pistol, 
a loaded bludgeon, or something of that 
kind. 

Mr. Seward, the Secretary of State, had 
been progressing very favorably. He had re- 
covered from the shock of the accident of 
ten days previously, and was getting along 
very well. His right arm was broken close to 
the shoulder-joint, and his jaw was broken in 
two places; but the serious injury of the first 
accident was the concussion. 

The wounds of Mr. Seward were of a very 
dangerous character, and he is still suffering 
from them. 

I saw Major Seward in the room ; but I did 
not treat any of the wounded persona profes- 
eionally, except Mr. Seward. 



Doctor T. S. Vekdi. 
For the Prosecution — May 22. 

I am a physician. On Friday night, the 
14th of April, about half-past 10 o'clock, per- 
haps a little sooner, I was summoned to 
the house of Mr. Seward, the Secretary of 
State. I saw the Hon. William H. Seward, 
Mr. Frederick Seward, Major Augustus H. 
Seward, Mr. Robinson, and Mr. Hansell, all 
wounded, and their wounds bleeding. I had 
left Mr. Seward about 9 o'clock that evening, 
very comfortable, in his room, and when I saw 
him next he was in his bed, covered with 
blood, with blood all around him, blood under 
the bed, and blood on the handles of the doors. 

I found Mr. Emrick W. Hansell on the 
same floor with Mr. Seward, lying on a bed. 
He said he was wounded. I undressed him, 
aMd found a stab over the sixth rib, from the 
spine obliquely toward the right side. I put 
my fingers into the wound to see whether it 
had penetrated the lungs. I found that it 
had not, but I could put my fingers probably 
two and a half inches or three inches deep. 
Apparently there was no internal bleeding. 
The wound seemed to be an inch wide, so 
that the finger could be put in very easily 
and moved all around. It was bleeding then, 
very fresh to all appearances ; probably it was 
not fifteen or twenty minutes since the stab 
had occurred. 

Cross-examined by Mr. Doster. 

Mr. Frederick Seward was conscious, but 
had great difficulty in articulating. He wanted 
to say something, but he could not express 
himself He knew me perfectly well. He 
had a smile of recognition on his lips, and as 
I looked upon his wound on the forehead, he 
was evidently impressed with the idea that 
the severest wound was in the back of the 
head, and he commenced saying, "It is, it 
is," and would put his finger to the back of 
his head. I examined the wound, and found 
that his skull was broken, and I said to him, 
"You want to know whether your skull is 
broken or not?" and he said, "Yes." He 
was sensible for some time; but probably in 
half an hour he went into a sleep, from which 
he woke in about fifteen or twenty minutes, 
and we attempted to put him to bed. Then 
he helped himself considerably. We put 
him to bed, and he went to sleep, in which 
he remained for sixty hours; he then im- 
proved in appearance, and gradually became 
more sensible. 

I saw terror in the expression of all Mr. 
Secretary Seward's farailj', evidently expecting 
that his wounds were mortal. 1 examined 
the wounds, and immediately turned round to 
the family and said, " I congratulate you all 
that the wounds are not mortal ; " upon which 
Mr. Seward stretched out his hands and re- 
ceived his family, and there was a mutual 
congratulation. This was probably twenty 
minutes before Doctor Barnes arrived. 



158 



THE CONSPIRACY TRIAL. 



Mr. Seward liad improved very much from 
his accident, and was not in a critical condi- 
tion when this attack was made. The etiect 
of tlie wounds he received on the night of tlie 
14th was principally from lo.ss of blood, which 
weakened him very much, and made his con- 
dition still more delicate and difficult to rally 
from the shock. The wound itself created 
more inflammation in the cheek that had 
been swollen by the injury received before, 
and rendered the union of the bones more 
difficult It is not my opinion that the 
wounds received by Mr. Seward tended to 
aid his recovery from his former accident; 
that idea got afloat from the fact that the 
cheek was very much inflated and swollen, 
and that by cutting into it, it would probably 
recover faster; but I never entertained and 
never expressed such an opinion. 

Robert Xelsox (colored.) 

For the Prosecution. — May 20. 

I live in Washington ; I used to live in 
Virginia. 

[A knife shown to the witness.] 

That looks like the knife I found opposite 
Secretary Seward's house, on the Saturday 
morning after he was stabbed. I gave it to 
an officer at the door first, and afterward to 
that gentleman, [pointing to Surgeon John 
Wilson, U. S. A.] 

Cross-examined by Mr. Doster, 

I do not say that it is the same knife, but j 
it looks like the one I found in the middle 
of the street, right in front of Secretary Sew- 
ard's house, between 5 and 6 o'clock in the 
morning. 

Dr. John Wilsox. 
For the Prosecution. — May 20. 

JThe knife shown to Robert Nelson was exhibited to the 
witness.] 

This is the knife I received from the col- 
ored boy who has just left the stand. He 
gave it to me in the library of Mr. Seward's 
liouse, about 10 o'clock on Saturday morn- 
ing, the 15th of April. 

Thomas Price. 
For the Prosecution. — May 19. 

On Sunday afternoon, the 16th of April, I 

f>icked up a coat in a piece of woods that 
ies between Fort Bunker Hill and Fort Sar- 
atoga. 

[Two coats wore here 8nbinitt<-d to the witness.] 

This is the coat. It is a white and brown 
mixed cloth. I discovered traces of blood on 
the sleeve; that is how I recognize it, I 
found it about three miles from the city, in 
the direction of the Eastern Branch. 

There is a road from one fort to another, 
and the coat was found in the piece of woods 
on the eastern side of the road. 



Colonel H. H. Wells. 
For the Prosecution. — yiay 19. 

I had the priso/ner, Payne, in my custody 
on the 17th of April, the night of his arrest 
He had on a dark-gray coat, a pair of black 
pants, and something that looked like a skull- 
cap. 

I took off his coat, shirt, pants, vest, and 

all his clothing the next day on board the 

monitor. He had on a white linen shirt and 

a woolen under-shirt, minus one sleeve; a 

pair of boots with a broad ink-stain on them 

on the inside. 

FA box containing various articles of clothing was ex- 
hibited to the witness. ] 

These are the articles. There is a distinct 
mark on them by which I recognize them. 
I described to the prisoner at the time what 
I supposed was his position when he com- 
mitted the assault, and told him I should 
find blood on the coat-sleeve in the inside. 
Spots of blood were found in the position I 
described. 

[The witness exhibited the spots referred to.] 

I found spots, also, on the white shirt- 
sleeve. I called Payne's attention to this 
at the time, and said, "What do you think 
now?" He leaned back against the side of 
tiie boat and said nothing. 

[The articles were offered in evidence.] 

I asked him where he had got his boots. 
He said he had bought them in Baltimore, 
and had worn them three months. I called 
his attention to this falsehood, as it was ap- 
parent the boots had only been slightly worn. 
He made no reply to that 

I took the boots away with me, and sent 
one of them to the Treasury Department, to 
ascertain, if possible, what the name was. 

Cross-examined by Mr. Doster. 

I did not threaten the prisoner at any time. 
I think it is very possible I called him a liar. 
I saw stains of blood on the coat that was 
brought to me from Fort Bunker Hill; I 
called the prisoner's attention to the fact, 
and said, "How did that blood come there?" 
He replied, "It is not blood." I said, "Look 
and see, and say, if you can, that it is not 
blood." He looked at it and said, " I do not 
know how it came there." 

Charles H. Rosch. 

For the Prosecutio7i, — May 19. 

I was present when the prisoner, Payne, 
was searched. 

[A bundle of articles, including a pair of boots and ■ 
pocket-compass, was banded to the witness.] 

All these articles were taken from the per- 
son of that big man there, [pointing to the 
accused, Lewis Payne.] 

The pocket-compass he himself handed to 
Mr. Samson, and Mr. Samson handed it to 
me. I recognize the boots; they were pulled 
off in my presence. 



TESTIMONY CONCERNING LEWIS PAYNE. 



159 



SPEycER M. Clark. 
For the Prosecution. — May 19. 
[Submitting to the witness a pair of boote.] 

I had one of these boots yesterday for 
examination. I then discovered the name, 
which has now mostly disappeared under the 
effect of the acid I put upon it. 

When I received the boot, it had on the 
inside a black mark, made apparently to 
cover writing. I examined it with a micro- 
scope, and found that it was one coat of ink 
overlaid on another. I then attempted to 
take off the outer coat to see what was 
below, and partially succeeded. The name 
appeared to me to be J. VV. Booth. The J 
and W were distinct; the rest of the writing 
was obscure. I can not speak positively of 
a thing that is in itself obscure, but it left 
very little doubt upon my mind that the 
name was Booth. 

Cross-examined by Mr. Doster. 

I have charge of the engraving and print- 
ing in the Treasury Department. I took off 
the outer coat of ink by the use of oxalic 
acid. Where the lower coat of ink has 
remained exposed to the air longer than the 
upper coat, it is possible to take off the 
upper and leave the lower or inner coat 
undisturbed. The reason the latter part of 
the name in this case was more obscure than 
the first, is because I left the acid too long 
on the outer coat, and it attacked the lower 
one. The upper coat is separated from the 
lower by washing with water as fast as it is 
dissolved. The acid is put on under a mag- 
nifier, and the moment the outer coat disap- 
pears, and the under one begins to show, I 
destroy the acid. An examination at the 
moment the outer coat dissolves and is 
washed away, shows the lower coat of writ- 
ing. I supposed the lower coat had been 
exposed to the air longer than the outer, and 
made an effort to test it, which proved that 
it was so. 

The boot was given me by Mr. Field, 
Second Assistant Secretary of the Treasury, 
who told me it had belonged to Payne. I 
expected to find the name of Payne, but I 
tliought I plainly discovered the " th " at the 
end, when the name Booth came to my 
mind. That was before I had clearly determ- 
ined upon the B. I should hesitate to 
swear positively to any thing so obscure as 
an obliterated signature, but 1 entertain very 
little doubt that the name is J. W. Booth. 
There is no process, that I am aware of, to 
restore the name. The writing can not be 
said to be erased; it has been acted upon by 
the acid which destroys the color of the ink. 

Edward Jordan. 

For the Prosecution. — May 19. 

I am a solicitor of the Treasury. I was 
requested to look at the ink-marks on that 



boot after it had been subjected to chemical 
preparations by Mr. Clark. By examining 
the writing through a glass, I came to the 
conclusion that the name written there was 
"J. W. Booth." 

Cross-examined by Mr. Doster. 

I did not know to whom the boot belonged, 
or where it came from ; and I had no suspi- 
cion why it was in Mr. Clark's possession. I 
was accidentally passing the room of the 
Assistant Secretary of the Treasury, when 
Mr. Clark said, " I have something curious 
to show you, 1 wish you would look at it," 
or words to that effect. The first letter, "J," 
was very distinct; the W and B were less so. 
I thought the outline of the writing was quite 
visible and determinable, but to say that it 
w'as distinct would not be true. I was asked 
what I thought the name was. My reply 
was, I thought it was the name of a very 
distinguished individual. 

Py the Judge Advocate. 

I arrived at the conclusion that it was the 
name of J. W. Booth before I had received 
any intimation as to what it was supposed 
to be. 

Stephen Marsh. 

For the Prosecution. — May 19. 

That boot was shown to me by Mr. Field, 
Assistant Secretary of the Treasury, yester- 
day. On examining it, I thought I could 
make out certain letters on it. At first 1 

could make out "J. W. B h," then I 

thought I could trace a t next to the h ; thus : 

J. W. B th. I could not be positive as 

to the intervening letters; I examined them 
only with the naked eye, but in regard to the 
letters I have mentioned, I have no doubt at 
all. In the intervening space, between the 
B and th, there was room for two or three 
letters. 

Cross-examined by Mr. Doster. 

The boot was handed to me by Mr. Field 
in his room. I was told to examine it, and 
see if I could make out what name appeared 
to be written there. I did so, and the result 
1 have stated. 

Lieutenant John F. Toffey. 

For the Prosecution. — 3fay 17. 

On the night of the 14th or the morning 
of the 15th of April last, it might have been 
a little after 1, as I was going to the Lin- 
coln Hospital, where I am on duty, I saw a 
dark-bay horse, with saddle and bridle on, 
standing at Lincoln Branch Barrack.-^, about 
three-quarters of a mile east of the Capitol. 
The sweat was pouring off him, and liad 
made a regular puddle on the ground. A 
sentinel at tlic hospital had stopped the horse. 
1 put a guard round it and kept it there 
until the cavalry picket was thrown out, 



160 



THE CONSPIRACY TRIAL. 



when I reported the fact at the office of the I 
picket, ami was requested to take the horse 
down to tlie head-quarters of the picket, at' 
the Old Capitol Prif<on. I there reported' 
having tlie horse to Captain Lord, and he' 
requested me to take it to General Augur's 
head-quarters. Captain Lansing of theThir- 
teenth'New York Cavalry and myself took 
it there, wiiere the saddle was taken off, and 
the horse taken charge of 

[A sadilK' was here shown to tho witness.] 
I should tliink that was the saddle; I 
know the stirrups. When I got to General 
Augur's head-quarters, I found that the horse 
was blind of one eye. Whether he had 
fallen or not I do not know, but as I rorK? 
liim down I noticed that he was a little 
lame. 

From the Lincoln Hospital to the Navy 
Yard Bridge is fully a mile. 

[ThesaUdk- was put in evidence.] 



Cross-examined by Mr. Do.ster. 

The hor.se was on a sort of by-road that 
leads to Camp Barry; it turns north Irom the 
Branch Barracks toward Camp Barry to 
the Bladens^burg road. I found him by the 
dispensary of the hospital, lie had come 
running there, but from what direction I do 
not know. 

Recalled.— May IS 

I have been to General Augur's stables on- 
Seventeenth and I Streets, and there recog- 
nized the horse I found. 
See also testimony of 

Louis J. Weichmann pages 113, 118 

Miss Anna E. Surrutt page 130 

Miss Honora Fitzpatrick " 132 

John T. Holaban " 139 

Mrs. Eliza Holahan " 132 

Major H. W. Smith " 121 

Capt. W. M. Wermerskirch " 123 

R. C. Morgan " 122 



DEFENSE OF LEWIS PAYNE. 



Miss Margaret Branson". 

For the Defense. — June 2. 

J5y Mr. Doster. 

I live at No. 16 North Eutaw Street, 
Baltimore. I first met the prisoner, Payne, 
at Gettysburg, immediately after the battle 
there. I was a volunteer nurse, and he was 
in my ward. He was very kind to the sick 
and wounded. I do not know thtit he was a 
nurse, nor do I know that he was a soldier. 
As nearly as I renumber, he wore blue 
pants, no coat, and a dark slouch hat. He 
went there by the name of Powell, and by 
the name of Doctor. The hospital contained 
both Confederate and Union soldiers. I was 
there about six weeks, and left the first 
week in September. I do not remember 
whether Powell was there the whole of that 
time. 

I saw him again some time that fall or 
winter, at my mother's house. He was 
there but a very short time; only a few 
hours, and I had very little conversation 
witli him. 

(J. Did lie say to you where he was going? 

As.sistant Judge Advocate Bingham. The 
witne.ss need not state; what he said to her 
U altogether incompetent evidence. 

Mr. Doster. May it please the Court, I 
intend to set up the plea of insanity, as I 
have already stated, in the case of the pris- 
oner, Payne. It is very true that, under all 
other pleas, declarations of this kind are not 
considered competent evidence for the defense. 



but the declaration of a person suspected of 
insanity is an act, and therefore admi.ssible. 

Assistant Judge Advocate BrxGHAJi. That 
is all very true; but the proper way to get 
at it is to lay some foundation for introduc- 
ing the declarations in support of the allega- 
tion that the party was insane. In this case 
no foundation has been laid. 

Mr. Doster. I claim that the whole con- 
duct of the alleged murderer, from beginning 
to end, is the work of an insane man, and 
that any further declarations I may prove, 
are merely in support of that theory and of 
that foundation as laid by the prosecution. 

Assistant Judge Advocate Bingham. Ac- 
cording to that, the more atrocious a man's 
conduct is, the more he is to be permitted to 
make a case for himself by all his wild dec- 
larations, of every sort and to everybody, at 
every time and at every place. If he only 
manages to get a knife large enough to sever 
the head of an ox as well as the head of 
a man, rushes past all the friends of a sick 
man into his chamber, slabs him first on one 
side of the throat and then on the other, and 
slashes him acro.ss the face, breaks the skull 
of his son, who tries to rescue him, yelps, 
"I am mad! I am mad! " and rushes to the 
door and mounts a horse which he was care- 
ful to have tied there, he may thereupon 
prove all his declarations in his own defense, 
to show that he was not there at all. 

Mr. Do.stkr. It is claimed here that there 
is no foundation laid for the plea of insanity. 
In the first place, all the circumsiancea con- 



DEFENSE OF. LEWIS PAYNE. 



161 



nected with the assassination show the work 
of insane men. The entrance into the house 
of Mr. Seward was by a stratagem which is 
peculiarly indicative of insane men. Then 
the conduct of Payne, after he entered the 
house, without the slightest particle of dis- 
guise, speaking to the negro for five minutes 
— a person that he must know would be able 
to recognize him again therafter; the ferocity 
of the crime, which is not indicative of hu- 
man nature in its sane state; his leaving all 
the traces which men usually close up be- 
hind him. Instead of taking away his pistol 
and his knife and his hat, he walks leisurely 
out of the room, having plenty of time to 
take these away, and abandons them ; he 
takes his knife and deliberately throws it 
down in front of Mr. Seward's door, as 
though anxious to be detected; and then, 
instead of riding off quickly, as a sane man 
would under the circumstances, he moves oft 
so slowly that the negro tells you he followed 
him for a whole square on a walk; and after- 
ward, instead of escaping either to the north, 
on the side where there were no pickets at the 
time, (for it was shown he had a sound 
horse,) or instead of escaping over the river, 
as he had ample opportunity of doing — be- 
cause if he could not get across the Ana- 
costa Bridge, he might have swam the river 
at any point — he wanders off into the woods, 
rides around like a maniac, abandons his 
horse, takes to the woods, and finally comes 
back to the very house which, if he had 
any sense, he knew must be exactly the 
house where he would be arrested — where there 
were guards at the time, and where he must 
have known, if he had been sane, that he 
would inimediately walk into the arms of 
the military authorities. He goes to this 
house in a crazy disguise; because who in 
the world ever heard of a man disguising 
himself by using a piece of his drawers as a 
hat, supposing that a sane man would not 
discover the disguise. Finally, there is the 
conduct of this person since he has been 
here on trial — the extraordinary stolidity of 
this man, as opposed to the rest of the prison- 
ers; instead of showing the slightest feeling, 
he has displayed an indifference throughout 
this trial. You yourselves noticed that at 
the time of that solemn scene, when the ne- 
gro identified him he stood here and laughed 
at the moment when his life was trembling 
in the balance. I ask you, is that the con- 
duct of a sane man? There are, besides, 
some physical reasons which go hand in 
hand with insanity, and corroborate it, of a 
character more delicate, and which I can 
not mention now, but which I am prepared 
to prove before the Court at any time. I say 
that the most probable case of insanity that 
can be made out has been made out bj' the 
prosecution, in the conduct of this prisoner 
before the assassination, during the assassi- 
nation, at the time of his arrest, and during 
the trial. 

11 



Mr. Clampitt. May it please the Court, I 
do not rise for the purpose of denying to 
the counsel for the accused, Payne, the right 
to set up the plea of insanity, or any other 
plea that he thinks proper; but I do rise for 
the purpose of indignantly proclaiming that 
he has no right to endeavor to bring before 
this Court the house of Mrs. Surratt as a 
rendezvous to which Payne would naturally 
resort. There is no evidence which has 
shown that he would naturally go to her 
house for the purpose of hiding or for the 
purpose of screening himself from justice. 

The Commission sustained the objection 
of the Judge Advocate. 

Witness. I do not know where he went 
to from my mother's. In January of this year, 
he came again to our house. He was dressed 
then in citizen's dress of black, and repre- 
sented himself to be a refugee from Farquier 
County, Va., and gave his name as Payne. 
He took a room at my mother's house, staid 
there six weeks and a few days, and left in the 
beginning of March. He never, to my knowl- 
edge, saw any company while there. I never 
saw J. Wilkes Booth, and do not know that 
he ever called upon Payne. 

Margaret Kaighn. 

For the Defense. — June 2. 

By Mr. Doster. 

I am servant at Mrs. Branson's. I have 
seen the prisoner, Payne, at Mrs. Branson's 
boarding-house; he came there last January 
or February, and remained till the middle of 
March. I remember he asked a negro servant 
to clean up his room, and she gave him some 
impudence, and said she would not do it. She 
called him some names, and then he struck 
her; he threw her on the ground and stamped 
on her body, struck her on the forehead, and 
said he would kill her; and the girl after- 
ward went to have him arrested. 

Dr. Charles H. Nichols. 

For the Defense. — June 2. 

By Mr. Doster. 

Q. Have I at any time given you any indi- 
cation of the answers I expected you to give 
before this Court? 

A. You have not. 

Q. State what your official position is, and 
your profession. 

A. I am a doctor of medicine, and super- 
intendent of the Government Hospital for the 
Insane, which position I have occupied for 
thirteen years. 

Q. What class of persons do you treat in 
your hospital ? 

A. Insane persons exclusivelj'. The bulk 
of the patients I treat are composed of sailors 
and soldiers. 

Q. Please define moral insanity. 

A. When the moral or aflective facultiea 



162 



TUE CONSPIRACY TRIAL. 



eeem to be exclusively affected by disease of the 
brain, I call that a case of moral insanity. 

Q. Wliat are some of the principal leading 
causes that produce moral insanity? 

A. My impression is that insanity is ofl- 
ener caused by physical disease than moral 
causes, and that the fact that insanity takes 
the form of moral insanity is apt to depend 
on the character of the individual before he 
becomes deranged. 

Q. Is active service in the field, among 
soldiers, at any time, a cause of moral in- 
sanity ? 

A. It is; but not a frequent cause. I have 
known cases of moral insanity occur among 
soldiers. 

Q. Has or has not insanity increased very 
much in the country, and in your hospital, 
during the present war? 

A. It has. 

Q. lias it not increased much more, pro- 
portionately, than the increase in the army? 

A. It has. 

Q. How is the increase accounted for? 

A. By the diseases, hardships, and fatigues 
of a soldier's life, I think, to which the men 
were not accustomed until they entered the 
service. 

Q. Are young men who enlist more ex- 
posed to insanity than men who enlist iit 
middle life? 

A. I am not sure that they are. My im- 
pression is, that young men accommodate 
themselves to a change in their manner of 
life rather more readily than men of middle 
age. 

Q. What are some of the leading symp- 
toms of moral insanity? 

A. The cases are as diverse as the indi- 
viduals affected. If a man, for example, be- 
lieves an act to be right which he did not 
believe to be right when in health, and which 
people generally do not believe to be right, 
I regard that as a symptom of moral in- 
sanity. 

Q. Is depression of spirits at any time con- 
sidered a symptom of insanity.? 

A. It is. 

Q. Is great taciturnity considered a symp- 
tom? 

A. It is a frequent symptom of insanity, 
but I can conceive that great taciturnity 
might exist without insanity. 

Q. Is a disposition to commit suicide and 
an indifference to life considered a symptom ? 

A. It is. 

Q. Is great cunning and subtlety in making 
plans concomitant of insanity? 

A. The insane frequently exhibit extraor- 
dinary cunning in their plans to effect an 
object 

Q. Is it or is it not possible for a madman to 
confederate with other madmen or sane men 
in plans? 

A. I would say that it is not impossible, 
but it is infrequent for madmen to confeder- 
ate in effecting their plans. 



Q. Do madmen never confederate in plans? 

A. Very seldom. 

Q. Is or is not a morbid propensity to de- 
stroy, proof of insanity ? 

A. Not a proof, but it is a very common 
attendant upon insanity. 

Q. Is it not a symptom of insanity if one. 
apparently sane, and without provocation or 
cause, commits a crime? 

A. I should regard it as giving rise to a sus- 
picion of insanity, but not of itself a proof of it 

Q. Is not all conduct that differs from the 
usual modes of the world proof of insanity ? 

A. I will answer that by saying that no 
single condition is a proof of in.sanity in every 
instance, but that an entire departure from 
the usual conduct of man would be consid- 
ered as affording strong ground to suspect 
the existence of insanity. 

Q. Are madmen not remarkable for great 
cruelty ? 

A. My impression is that madmen exhibit 
about the same disposition in that respect 
that men generally do. 

Q. Do or do not madmen, in committing 
crimes, seem to act without pity? 

A. Those who commit criminal acta fre» 
quently do. 

Q. If one should try to murder a sick man 
in his bed, without ever having seen him 
before, would it not be presumptive proof of 
insanity? 

A. It would give rise, in my mind, to the 
suspicion that a man was insane. I should 
not regard it as proof 

Q. If the same person should besides try 
to murder four other persons in the house 
without having seen them before, would it 
not strengthen that suspicion of insanity? 

A. I think it would. 

Q. If the same person should make no at- 
tempt to disguise himself, but should converse 
for five minutes with a negro servant, walk 
away leisurely, leave his hat and pistol be- 
hind, throw away his knife before the door, 
and ride away so slowly that he could be fol- 
lowed for a square by a man on foot, would 
not such conduct further corroborate the sus- 
picion of insanity ? 

A. I think it would. It is a peculiarity of 
the insane, when they commit criminal acts, 
that they make little or no attempt to conceal 
them ; but that is not always the case. 

Q. If the same person should cry out, while 
stabbing one of the attendants, " I am mad, I 
am mad," would it not be further ground for 
suspicion that he was insane? 

A. Such an exclamation would give rise, in 
my mind, to an impression that the man was 
feigning insanity. Insane men rarely make 
such an exclamation, or a similar one, and 
they rarely excuse themselves for a criminal 
act on the ground thatthey are insane. 

Q. Do not madmen sometimes unconsciooA- 
ly state that they are mad? 

A. They do sometimes, but it is not fre- 
quent that they do. 



DEFENSE OF LEWIS PAYNE. 



163 



Q. Do you not remember cases in your ex- 
perience where madmen have told you they 
were mad ? 

A. They frequently do it in this way: An 
individual knows that he is regarded as :n- 
ftane, and if taken to task for any improper 
act, a shrewd man will excuse himself on the 
ground that he is an insane n\an, and ther'- 
fore not responsible. 

Q. If the same person that I have men- 
tioned should, although in the posses'jion of 
a sound horse, make no effort to escape, but 
•ihould abandon his horse, wander <".rf into the 
woods, and come back to a hcusp surrounded 
with soldiers, and where he m'ght expect to 
be arrested, would that not he additional 
ground for the suspicion that he was insane? 

A. I should regard ev^ry act of a man who 
had committed a criPie, indicating that he 
was indifferent to the consequences, as a 
ground for suspccti'ig that he was insane. 

Q. If the same person should return to this 
Louse I h&ve 'Spoken of, with a piece of his 
drawers for his hat, at a time when he saw 
the soldiprs in its possession, would not that 
be additional proof of insanity ? 

A. I can hardly see what bearing that 
would have upon the question of insanity. 

Q. I understood you to say before that 
nadmen seldom disguise themselves. The 
disguise in question consisted of a piece of 
drawers being used for a hat. I ask whether 
that disguise may properly be presumed to be 
the disguise of a sane man or an insane man ? 

A. It would depend upon circumstances. 
It is a common peculiarity of insane men, 
that they dress themselves in a fantastic 
manner; for example, make head-dresses out 
of pieces of old garments. They do it, how- 
ever, apparently from a childish fancy for 
Bomething that is fantastic and attracts at- 
tention; and I do not recollect a case of an 
insane person dressing himself in a garment 
or garments of that kind for the sake of dis- 
guising himself 

Q. If this san^e person, afler his arrest, 
should express a strong desire to be hanged, 
and express great indifference of life, would 
that be additional ground for suspicion of 
insanity? 

A. I think it would. 

Q. Would it be further ground for suspi- 
cion if he seemed totally indifferent to the 
conduct of his trial, laughed when he was 
identified, and betrayed a stolidity of manner 
different from his associates? 

A. I think it would. 

Q. Please state to the Court what physical 
sickness generally accompanies insanity, if 
any there is. 

A. I believe that disease, either functional 
or organic, of the brain always accompanies 
insanity. No other physical disease neces- 
sarily, or perhaps usually, accompanies it. 

Q. Is long-continued constipation one of 
the physical conditions that accompany in- 
sanity ? 



I A. Long-continued constipation frequently 
precedes insanity. Constipation is not very 
frequent among the actual insane. 

Q If this same person that I have de- 
I scribed to you, had been suffering from con- 
jS'.ipation for four weeks, would that be con- 
sidered additional ground for believing in his 
insanity? 

A. 1 think it would. I think some weight 
might be given to that circumstance. 

Q. If the same person, during his trial 
and during his confinement, never spoke 
until spoken to, at a time when all his com- 
panions were peevish and clamorous; if he 
never expressed a want when all the rest 
expressed many ; remained in the same spirits 
wlien the rest were depressed; retained the 
same expression of indifference when the 
rest were nervous and anxious, and continued 
immovable, except a certain wildness in his 
eyes, would it not be considered additional 
ground for believing in his insanity? 

A. I think it would. 

Q. If this same person, after committing 
the crime, should, on being questioned as to 
the cause, say he remembered nothing dis- 
tinctly, but only a struggle with persons 
whom he had no desire whatever to kill, 
would not that be additional ground for sus- 
picion of insanity ? 

A. I think it would. 

Q. What are the qualities of mind and 
person needed by a keeper to secure control 
over a madman ? 

A. Self-control. 

Q. Are not madmen easily managed by 
persons of strong will and resolute character? 

A. Yes, sir; they are. 

Q. Are there not instances on record of 
madmen who toward others were wild, while 
toward their keepers, or certain persona 
whom they held to be superiors, they were 
docile and obedient, in the manner of doga 
toward their masters? 

A. I think the servile obedience which a 
dog exhibits to his master is rarely exhib- 
ited by the insane. It is true, that the insane 
are comparatively mild and obedient to cer- 
tain persons, when they are more or lesa 
turbulent and violent toward other persons. 

Q. Would it not be possible for such a 
keeper, exercising supreme control over a 
madman, to direct him to the commission of 
a crime, and secure that commission ? 

A. I should say that would be very diffi- 
cult, unless it was done in the course of a 
few minutes after the plan was laid and the 
direction given. I should say, generally, it 
would be very difficult. 

Q. Is not the influence of some persons 
over madmen so great that their will seems 
to take the place of the will of the mad- 
man ? 

A. There is a great difference in the 
control that different individuals have over 
insane persons, but I think it an error that 
that control reaches the extent you have 



164 



THE CONSPIRACY TRIAL. 



deacribed, or the exleiit, I may add, that is 
popularly supposed. 

y. Do you or not recognize a distinction 
between luaniji and do lutiion ? 

A. A ceriaia di.stiiictiuii, inasmuch as de- 
lusion may accompany any form and every 
ibrm of insanity, and mania is the name 
given to a particular Ibrm, which may or 
may not be accompanied by delusion. 

Q. Are not instances ol" insane delusion 
more frequent during civil war than any 
other kind of insanity ? 

A. My impression is, that cases in which 
delusions are entertained are not as frequent. 
Insanity is of a more general character — so 
far as my experience goes, has been during 
the war, among soldiers — than it usually is. 
Q. Does or does not constant dwelling on 
the saiwe subject lead to an insane delusion ? 
A. It frequently does, I think. 
Q. If a body of men, for instance, who 
owned slaves, were constantly hearing speeches 
and sermons vindicating the divine right of 
slavery, burned men at the stiike for attempt- 
ing to abolish slavery, and finally took up 
arms to del'end slavery, when no man was 
really attacking it, would not that be evi- 
dence that some of these men were actually 
deluded? 

A. I think it would ; but it does not follow 
that the delusion is what I technically de- 
nominate an insane delusion, arising from 
disease of the brain, and for w'hich a man is 
not responsible. 

Q. If one of those same men who owned 
slaves, and believed in the divine origin of 
slavery, and had fought in its defense, and 
believed that he had also fought in defense 
of his home and friends, should attempt, on 
his own motion, to kill the leaders of the 
people, who he believed were killing his 
friends, would not that conduct be esteemed 
a fanatical delusion ? 

Assistant Judge Advocate Burnett. Un- 
less Mr. Doster can give us some idea when 
this, species of examination will be brought 
to a close, we must hei*e interpose objection. 
It certainly has nothing whatever to do with 
the case. lie is imagining facts that do not 
exist, and he is examining upon a basis that 
he has not laid, and it is certainly irrelevant 
and foreign to the issue. Will Mr. Doster state 
if he is nearly through with his examination? 
Mr. DosTKU. The course of examination 
that I propose is not a great deal longer. I 
mentioned the other day that it was impos- 
sible for me to secure the attendance of wit- 
nesses from Florida. Regularly, I ought not 
to have called Dr. Nichols before these wit- 
nesses had been here and had been exam- 
ined. I have been unwilling to detain Dr. 
Nichols here, and have endeavored to go over 
the whole ground with him, so that I need 
not call him twice, as I would have to do if I 
were to call these witnesses from Florida first. 
WiTNKSs. If I may be allowed, I would 
like to give an explanatory answer. I have 



given just a categorical one to all the ques- 
tions that have been asked me, I believe; I 
am, personally, and as an expert, very much 
opposed to giving an opinion in respect to 
hypothetical cases, for the simple and best 
of reasons, as I conceive that 1 have none, 
and I could give no definite opinion upon 
the facts implied in the questions submitted 
to me. Every case of insanity is a case of 
itself, and has to be studied with all the light 
that can be thrown upon it, and it is impos- 
sible for me to give an opinion upon a hypo- 
thetical case. 

Dk. James C. Hall. 
For the Defense. — June 13. 

This morning I spent three-quarters of an 
hour in an examination of the prisoner, 
Lewis Payne. I first examined him with 
regard to his physical condition. His eye 
appeared to be perfectly natural, except that 
it appeared to have very little intellectual 
expression; but it was capable of showing a 
great deal of passion and feeling. I discov- 
ered a remarkable want of symmetry in the 
two sides of his head. The left side is much 
more developed than the right. His pulse I 
counted twice carefully; I found it to be a 
hundred and eight, which is about thirty 
strokes above a natural healthy pulse. In 
other respects his health seemed to be good, 
with the exception of another habit, which, 
I believe, the Court is informed of — namely, 
constipation. His general muscular develop- 
ment is perfectly healthy. 

I questioned him first to test his memory. I 
found that it acted very slowly. He appeared 
to answer my questions willingly, but his mind 
appeared to be very inert, and it took some 
time before he would give me an answer to 
a very simple question, though he did not 
seem to be at all reluctant in giving me the 
information I was seeking for. His intel- 
lect appears to be of a very low order ; and 
yet I could not discover that there was any 
sign of insanity. His mind is naturally dull 
and feeble, and, I presume, has not been culti- 
vated by education. 

I asked him certain questions which I 
thought would draw out his moral nature 
and feelings, and the conclusion to which I 
came was, that he would perform acts, and 
think himself justified in so doing, which a 
man of better moral nature and of a better 
mind would condemn. 

•Q. Did you or not state the case to him of 
a person committing the crime with which he 
is charged, and ask his opinion in reference 
to the moral right to commit it? 

A. I did. 1 mentioned it as a supposed 
case, and he said he thought a person in per- 
forming such an act as I described would be 
justified. '' I wish you would give me some 
reason," I said, " why you think he would 
be justified; why you think an act which 
I think wrong, and which everybody else 



DEFENSE OF LEWIS PAYNE. 



165 



thinks wrong, could be justified." His an- 
swer amounted to this, that he tliought in 
war a person was entitled to take life. That 
was the reason he assigned whj' he thought 
such an act could be justified. 

I should say that, from the whole exam- 
ination, there was reasonable ground for 
suspicion of insanity. It seems to me that 
no man could, if he were perfectly sane, ex- 
hibit the utter insensibility that he does and 
did in my presence. I do not think there was 
any attempt at deception. He answered the 
questions, so far as his mind would permit 
him, plainly and clearly, without any attempt 
at deceiving me or misleading me. I can not 
give a positive opinion that he is laboring 
under either moral or mental insanity. To 
decide on a case of this kind, one ought to see 
the person at various times and under various 
circumstances. I never saw this man before. 

Cross-examined by the Judge Advocate. 

I can not discover any positive signs of 
mental insanity, but of a very feeble, inert 
mind; a deficiency of mind rather than a 
derangement of it; a very low order of intel- 
lect. His memory appears to be very slow 
in acting. 

Q. Did he or not seem to have a distinct 
recollection of his crime, and also of the mo- 
tives and course of reasoning — 

Mr. DosTER. I object to that question. 

Witness. I did not refer to it as the crime 
committed by himself. I asked him what 
he would think of a man who had committed 
a crime such as he was charged with, and 
he said he thought he would be right in 
doing it. I carefully avoided applying the 
act or crime to himself, personally ; I merely 
epoke of it as a supposititious case. 1 did not 
tliink it would be right for me to receive any 
confession from him, and I rather avoided 
extorting it. I by no means regard atrocious 
crime as per se evidence of insanity. 

Q. Do yOu regard insensibility under crime 
or indifference to the results of crime as indi- 
cating insanity? 

A. Where a man commits crime habitually 
and without any adequate motive or provo- 
cation, I should be disposed then to suspect 
insanity. If there is an absence of motive 
and an absence of provocation, and if it is 
done habitually, these are the conditions. A 
single act I should be very reluctant to form 
an opinion upon. 
i Q. If a man, engaged in arms as a rebel 
against the Government of his country, is 
found assassinating its Chief Magistrate and 
the members of its Cabinet, would you or not 
regard these circumstances as indicating suf- 
ficiently the presence of motive to save him 
from the imputation of insanity? 

A. Yes, he might have a motive. I can 
readily conceive that a man might think he 
had a sufficient motive and a sufficient justi- 
fication for it. 

Q. Do I or not understand you to say, Doc- 



tor, that, from the whole examination you 
have made, you regard the prisoner, Payne, as 
sufficiently sane to be a responsible being for 
his acts? 

A. I have not altogether made up my mind 
on that. I do not think that the single exam- 
ation which I have made would sutKce to 
decide the question. I think there is enough 
to allow us a suspicion that he may not he a 
perfectly sane and responsible man. I can 
give no positive opinion on that point. His 
intellect is very feeble and inert. 

Q. The extent, then, to which you go, is 
that there is ground for suspicions ? You do 
not express any such opinion ? 

A. I do not express a positive opinion that 
he is either morally or mentally insane, but 
that there is sufficient ground, both from his 
physical condition and his mental develop- 
ment, for a suspicion of insanity. 

Q. Do you rest that suspicion largely on his 
course of reasoning, and the conclusion he 
drew from the case which you supposed? 

A. Yes, sir; I should think that was the 
result either of insanity or very badly culti- 
vated mind, and very bad morals. 

Q. Might it not be wholly the result of very 
bad morals? 

A. It might entirely. I attach some im- 
portance to his physical condition. It is 
generally known that persons who are insane, 
habitually, with few exceptions, have an un- 
usual frequency of pulse. His pulse is thirty 
odd strokes above the normal standard. 

Q. He was aware of the purpose for which 
you had your interview with him, was he not? 

A. I introduced myself by telling him 
that I was a physician, and that the Court 
had directed me to examine into his condi- 
tion, and I referred to some matters connected 
with his health. 

Q. Did he seem to be under any excite- 
ment? 

A. Not the least. He was perfectly calm, 
and at times smiled. He did not seem to be 
playing a part at all. He appeared to answer 
the questions honestly and truthfully, so far 
as I could judge; but his memory is very 
slow, and it is very difficult to get from him 
an answer to a very simple question. I asked 
him in regard to his birth and his residence. 
He could not remember the maiden name of 
his mother. He said her first name was Caro- 
line, but he could not remember her maiden 
name. 

But I have known sane persons who forgot 
their own names. The celebrated John Law, 
of this city, would go to the post-office and be 
unable to call for a letter in his own name. 

John B. Hubbard. 

For the Defense. — June 3. 

By Mr. Doster. 

I am at times in charge of the prisoner, 
Lewis Payne, and have at times had conver- 
sation with him. 



166 



THB CONSPIRACY TRIAL. 



Q. Please state the substance of that con- 
versation. 

Assietant Judge Advocate Bingham. That 
I object to. 

The Judge Advocate. Is this conversa- 
tion offered as a confession, or as evidence 
of in.'^anity? 

Mr. DosTER. As evidence of insanity. I 
believe it is a settled principle of law that all 
declarations are admissible under the plea of 
insanity. 

Assistant Judge Advocate Bingham. There 
is no such principle of the law, that all decla- 
rations are admissible on the part of the ac- 
cu.sed for any purpose. I object to the intro- 
duction of the declarations of the prisoner, 
made on his own motion. 

The Judge Advocate. If the Court please, 
as a confession, of course, this declaration is 
not at all competent, but if it is relied upon 
as indicating an insane condition of mind, I 
think it would be better for tlie Court to con- 
sider it. We shall be careful, however, to 
exclude from its consideration these state- 
ments so far as the question of the guilt or 
innocence of the particular crime is con- 
cerned, and to admit them only so far as 
they may aid in solving the question of in- 
sanity raised by the counsel. 

Witness. I was taking him out of the 
courtrroom, about the third or fourth day of 
the trial, and he said he wished they would 
make haste and hang him; that he was tired 
of life, and would rather be hung than come 
back here in the court-room. And about a 
week ago he spoke to me about his constipa- 
tion; he said he had been constipated ever 
since he had been here. I have no personal 
knowledge of the truth of this. 

Cross-examined by the Jctdge Advocate. 

I communicated this statement to Colo- 
nel Dodd or Colonel McCall, and I believe to 
General Hartranft, and to no one else. 

John E. Roberts. 

For the Defense. — June 3. 

By Mk. Doster. 

I am on duty around the prison, but have 
no special charge of the prisoner, Lewis 
Payne, more than the others. I have had 
a little conversation with him. After the 
coat and hat were taken off him, on the day 
that Major Seward was examined, I had to 
put his irons back on him, and he told me 
then that they were tracking him pretty close, 
and that he wanted to die. 

Colonel W. H. H. McCall. 

For the Defense. — June 3. 

By Mr. Doster. 

1 have charge of the prisoner, Payne, in 
connection with Colonel Frederick and Colo- 
nel Dodd; we each have eight hours' duty 
out of the twenty-four. My duty makes me 



cognizant of the conduct of the prisoner in 
his cell, and to the best of my knowledge he 
has been constipated from the 29th of April 
until last evening; that was his first passage. 
I never had any conversation with him on 
the subject of his death. 

Mr.s. Lucy Ann Grant. 

For the Defense. — June 12. 

By Mr. Doster. 

Mr. Doster. I am about to call two wit- 
nesses, and to prevent any. objections being 
made, I will state that the reason for calling 
them is to show that the prisoner, Payne, 
three months before the alleged attempted 
assassination of Mr. Seward, saved the lives 
of two Union soldiers. It is the very essence 
of insanity that one violates the " even tenor" 
of his previous life; and, therefore, if I can 
show that three months before the alleged 
attempted assassination this person exercised 
a degree of honor and benevolence, which he 
afterward violated and turned into ferocity 
and malignity, it will give a high degree of 
probability to the plea, and his subsequent 
conduct can only be explained by his being 
under the control of fury and madness. 

Witness. I live on the Waterloo Pike, 
Warrenton, Virginia. I recollect having seen 
one of the prisoners before; that one with 
the gray shirt, [pointing to the accused, 
Lewis Payne.] I saw him some time about 
Christmas in the road in front of our house; 
he was in charge of three Union prisoners. 
It was at the time of General Torbett's raid; 
after he had passed through Warrenton, on 
his return to Washington. Some men — rebel 
soldiers, I suppose, from their uniform — were 
going to kill these prisoners, and I remember 
seeing this man try to prevent it. He told 
them that he could not defend all, but if 
they killed or captured the one he had in 
charge, they would do it at the peril of their 
lives. They left the road then, and I do not 
know what became of them afterward, but I 
know one of the prisoners was killed, for a 
Confederate soldier wanted to bring him into 
my house, and I was scared nearly to death. 

Cross-examined by the Judge Advocate. 

I never saw the man before or since; but 
he is the same man, I am certain. I should 
know him anywhere. He was dressed in a 
dark gray unitbrm, and some of the men 
called him " Lieutenant." I understood from 
a citizen to whom I was speaking about his 
trying to save those Union prisoners that his 
name was Powell. 

John Grant. 

For the Defense. — June 12. 

By Mr. Doster. 

I am the husband of Mrs. Grant, who 
has just left the stand. I was about three 



TESTIMONY IN REBUTTAL. 



167 



hundred yards from my home, when the 
art'ray began in front of my house, on the 
first of last January. I rushed home as 
quickly as I could, when the pistol firing 



commenced; and I saw that that man, 
[Payne,] whose name I understood was 
Powell, saved the lives of two Union sol- 
diers. 



TESTIMONY IN REBUTTAL. 



' Surgeon-General J. K. Barnes. 
For the Prosecution. — June 14. 

In association with Dr. Hall and Surgeon 
Norris, 1 have made an examination this 
morning of the prisoner, Payne, and find no 
evidence of insanity — none whatever. 

The evidences of sanity wliich struck me as 
present in his case are his narrative of himself, 
of the places he has been at, of his occupation, 
the coherence of his story, and, the most im- 
portant evidence, his reiteration of his state- 
ments of yesterday and of his first examination 
this morning. That is considered a very se- 
vere test. It is called the Shakspearian test, 
and is one of the severest. 

Cross-examined by Mr. Doster. 

I should consider the Shakspearian test 
a test for both moral and mental sanity. 

I have not of late years had a large expe- 
rience in cases of insanity ; but some years 
ago I was in charge of the insane wards of a 
large hospital. 

I was present when the prisoner answered 
Dr. Hall's question as to his moral responsi- 
bility for this crime, and heard him say that, 
under certain circumstances, he considered 
such a crime justifiable. 

Dr. James C. Hall. 
Recalled for the Prosecution. — June 14. 

This morning, in connection with Dr Nor- 
ris and Dr. Porter, we had an examination of 
the prisoner, Lewis Payne, and since the 
recess of the Commission, Dr. Barnes, the 
Surgeon-General, joined us, and we examined 
him again. 

I asked him very nearly the same questions 
I proposed to him yesterday, for the purpose 
of seeing whether he would give me answers 
consistent with those which 1 then received, 
and I found that they were very accurately 
the same, and he answered to-day with rather 
more promptness than yesterday. 

I think I am now prepared to say that 
there is no evidence of mental insanity. 
Payne's mind is weak and uncultivated, but 
I can not discover any sufiicient evidence of 
mental insanity. 



Cross-examined by Mr. Doster. 

Q. What are you prepared to state as to his 
moral insanity ? 

A. We asked him the question to-day 
whether he believed in a God. He said he 
did, and that he believed he was a just God- 
He also acknowledged to me that at one time 
he had been a member of the Baptist Church. 
I asked him the question, which I believe I 
repeated to the Court yesterday, whether he 
thought that private assassination, practiced 
upon an enemy in public war, was justifiable. 
After some little hesitation, he said that he 
believed it was. 

Q. Is it or not esteemed an evidence of a 
fanatical delusion that a person believes to 
be right what everybody else believes to be 
wrong ? 

A. Ill some instances it would; but I can 
readily conceive that there are persons whose 
minds and morals are such that they would 
believe a crime similar to that which he 
has committed to be justifiable and proper, 
even a duty. 

Dr. Basil Norris. 
For the Prosecution. — June 14. 

1 am a surgeon in the regular army. 
This morning, in association with the Sur- 
geon-General of the army and Dr. Hall, I 
made an examination of the prisoner, Payne, 
and I arrived at the conclusion that he is not 
insane. 

His look is natural, and his speech per- 
fectly natural, and his manner natural; that 
of a man sane. There is nothing in his 
appearance, or speech, or manner that indi- 
cates to me that he is a man of unsound mind. 
In my opinion, there is nothing to indicate the 
presence either of moral or what may be called 
mental insanity. We asked him a number 
of questions. His reasoning faculties ap- 
peared to be good, and his judgment good, 
to which I attach great importance. 

We could not learn of any thing in his 
past life, so far as we have been able to 
gather his history, that would indicate in- 
sanity. We learned but very little of his 
past history; but so far as his life has been 
disclosed since he has been here, his con- 



168 



THE CONSPIRACY TRIAL. 



duct and conversations, nothing that he has 
done, has indicated to me that he was an in- 
sane man. 

Cross-examined by Mk. Doster. 

I am not familiar with cases of insanity, 
but I have seen some cases, and have visited 
institutions for the insane. I would form 
my opinion of a man very much as any other 
person. 

It is not usual for madness to escape the 
scrutiny of physicians on a single interview, 
or on two interviews. I think there is some- 
thing always in the appearance of a man, in 
his manner or in his speech, that would 
arouse a suspicion of a physician, or indeed 
of any intelligent person, even on one inter- 
view. 

I have heard of cases of men who have 
been examined for months at a time before 
their madness was discovered, but none have 
come to my knowledge. 

1 do not think the conduct of the prisoner 
in my presence was the conduct of a madman 
during a lucid interval. It will be found upon 
scrutiny that the conduct of a madman in a 
lucid interval differs from the ordinary con- 
duct of men. Upon careful examination, 
there will be some indication always, in my 
opinion, that to several medical men, or sev- 
eral intelligent men, will be observable. I 
would regard it as a very exceptional case if 
this man should be insane. I believe it is 
possible that this man might be a mono- 
maniac on a subject not broached to him this 
morning; but yet a monomaniac will almost 
invariably — I believe myself he would invari- 
ably — in a conversation with strange persons, 
strike upon that subject that he had the delu- 
sion on — that subject upon which he was 
insane. It is my opinion that a monoma- 
niac, in an examination of half an hour 
even, by strange persons especially, would 
strike upon the subject on which he was 
deluded ; that he would speak upon the sub- 
ject on which he was a monomaniac. I 



believe there are cases on record of mono- 
maniacs who have gone whole weeks with- 
out referring to the subject on which they 
were insane; but I have never seen such 
cases. 

Assistant Surgeon George L. Poeter. 
For the Prosecution. — June 14. 

I was associated with Surgeon-General 
Barnes and other medical gentlemen in an 
examination of the pri.-<oner, Lewis Payne, 
and our conclusion was that he was a sane 
man, and responsible for his actions. 

He has been under my eye ever since he 
has been confined here. 1 have made in- 
spections twice each day since the 30th of 
April; and his conduct and conversation 
during that period have been such as to 
impress me that he is a sane and responsible 
man. I have not observed any indication 
of insanity, i 

Cross-examined by Mr. Doster. 

I believe that the law does not recog- 
nize moral as distinct from mental insanity. 
Moral insanity is where the mind of a person 
is perverted on moral subjects; mental insan- 
ity has regard to the intellectual more than 
the moral faculties. The symptoms of moral 
insanity are common to all cases of insanity. 

Insane persons have generally some phys- 
ical symptoms which I find wanting in this 
case. I have examined this man twice each 
day, and I found that his pulse, as a general 
rule, was lower than the pulse of the othera 
Recently, I have examined by the watch, and 
find that his has not been so frequent as 
that of the other prisoners. Last night it 
was eighty; this morning it was eighty-three 
or eighty-four. Another symptom of insan- 
ity is want of sleep, restlessness. In this 
case it has been particularly noticeable that 
while the other prisoners were awake when 
I made my inspections in the evening, I 
almost always found this man asleep. 



TESTIMONY CONCERNING SAMUEL A. MUDD. 



Colonel H. H. Wells. 

For the Prosecution. — May 16. 

During the week subsequent to the assas- 
sination, I had three interviews with Dr. 
Samuel A. Mudd, in each of which he made 
statements to me; the first and third verbal, 
the second in writing. He said that, about 
4 o'clock on Saturday morning, the 15th of 
April, he was arou.sed by a loud knock at 
his door. Going to the window, he saw in 



his front yard a person holding two horses, 
on one of which a second person was sitting. 
The one who held the horses he described 
as a young man, very talkative and fluent 
of speech. The person on horseback had 
broken his leg, and desired medical attend- 
ance. He (Mudd) assisted in bringing the 
person on horseback into his house, and lay- 
ing him upon the sofa in the parlor. After 
he had lain on the sofa for some time, he 
was carried up stairs, and put on a bed in 



TESTIMONY CONCERNING SAMUEL A. MUDD. 



169 



the front room. He then examined his leg, 
and found that the front bone was broken, 
nearly at right angles, about two inches 
above the instep. It seemed, in his judg- 
ment, as slight a breaking as it could possi- 
bly be. The patient complained also of a 
pain in his back. He examined and found 
no apparent cause for the pain, unless it 
might have been in consequence of his fall- 
ing from his horse, as he said he had done. 
Dr. Mudd stated that he dressed the limb as 
well as he was able to do it with the limited 
■facilities he had, and called a young man, a 
wliite servant, I think, to make a crutch for 
him. At breakfast, the younger of the two 
persons partook with them. After breakfast. 
Dr. Mudd observed the condition of his pa- 
tient. He seemed much debilitated, and pale 
to such an extent tiiat he was unable to tell 
what his complexion might have been, light 
or dark. After breakfast the young man 
made some remark about procuring a con- 
veyance to take his friend away. In the 
mean time he (Mudd) had been about, giving 
directions to his farm servants. I think he 
said the two persons remained until some 
time after dinner. He started out with the 
young man to see if a carriage could be pro- 
cured at his father's, but meeting his younger 
brother, he ascertained from him that the 
carriage could not be procured, and then 
rode on to join the young man who had gone 
ahead, and together they rode into the pines 
a mile and a half beyond the elder Mudd's 
house. The young maa remarked that he 
would not go further to get a carriage, but 
would go back to the house and see if he 
could get his friend off in some way or other. 
Dr. Mudd then went, as he said, to the town, 
or near the town, to see some friends or 
patients, and then returned to his house. 
As he came back to his house, he saw the 
younger man of the two pass to the left of 
the house toward the barn. 

He said he did not recognize the wounded 
man. I exhibited to him a photograph of 
Booth, but he said he could not recognize 
him from that photograph. 

He said he had been introduced to Booth 
at Church, some time in November last, as 
wanting to buy farming lands, and that they 
had some little conversation on the subject 
of lands. In this conversation Booth asked 
if there were any desirable horses that could 
be bought in the neighborhood cheaply; and 
Mudd mentioned a neighbor of his who had 
some horses that were good drivers ; that 
Booth remained with him that night, and 
next morning purchased one of those horses. 

In answer to a question, he admitted that 
he could now recognize the person he treated 
as the same person he was introduced to — 
Booth. He had never seen Booth from the 
time he was introduced to him in Church 
until that Saturday morning. Herold he 
had not before seen. 

He thought there was something strange 



about these two persons, from the young 
man coming down shortly after breakfast 
and asking for a razor, saying his friend 
wished to shave himself; and when he was 
up stairs shortly afterward, he saw that the 
wounded man had shaved off his moustache. 
The wounded man, he thought, had a long, 
heavy beard; whether natural or artificial 
he did not know. He kept a shawl about 
his neck, seemingl}'^ for the purpose of con- 
cealing the lower part of his face. He said 
he first heard of the murder either on Sun- 
day morning or late on Saturday evening. 

He said that Herold — for by that name we 
spoke of him after the first explanation — 
asked him the direct road to Dr. Wilmer's, 
saying he was acquainted with the Doctor. 
Dr. Mudd described the main traveled road, 
and was then asked if there was not a nearer 
way. He replied that there was a road 
across the swamp, and described it. 

Dr. Mudd pointed out to me the track they 
took, and I went with him a long way into 
the marsh, and across it on to the hill, 
where, instead of keeping straight on, they 
turned square to the left, across a piece of 
plowed ground, and there all trace of them 
was lost. 

This embraces what Dr. Mudd told me at 
the several interviews. 

Cross-examined by Mr. Ewing. 

Dr. Mudd's manner was so very extraor- 
dinary, that I scarcely know how to describe 
it. He did not seem unwilling to answer a 
direct question; he seemed embarrassed, and 
at the third interview alarmed, and I found 
that, unless I asked direct questions, import- 
ant facts were omitted. I first saw him on 
Friday, the 21st, and my last interview was 
on Sunday, I think. We had, perhaps, a 
dozen interviews in all. It was at the las* 
interview that I told him he seemed to be 
concealing the facts of the case, which would 
be considered the strongest evidence of his 
guilt, and might endanger his safet}'. 

On Sunday Dr. Mudd took us along the 
road that the two men had taken from his 
house. They took the direction pointed oivt 
by the Doctor until they came to the hill. 
The marsh there is full of holes and bad 
places. I thought I discovered, from their 
tracks, that in going to the right to avoid a 
bad place they had changed their direction, 
and got lost. 

My impression is that Dr. Mudd said he 
had first heard of the assassination on the Sat- 
urday evening; that somebody had brought 
the news from Bryantown. The question 
was asked Dr. Mudd by some person wliether 
any thing had been paid to him for setting 
the wounded man's leg, and I think he said 
they had paid him $25. 

He said that he had told Dr. George Mudd, 
I think he said on Sunday, that there had 
been two suspicious men at his house. The 
town was full of soldiers and people, coming 



170 



THE CONSPIRACY TRIAL. 



and going all the time, and the place was in 
a atale ot general excitement 

By the JiTDOE Advocate. 

I understood Dr. MudJ to mean that lie 
recognized the wounded man, while at hie 
house, to be the Booth to whom he had been 
introduced in November. Hia expression 
was that he did not recognize him at first, 
but, on reflection, he remembered him as the 
person to whom he had been introduced. 

He said tliat, as he came back in the after- 
noon, he saw the wounded man going away 
from the house, hobbling through the mud. 
Herold had been riding the bay liorse, and 
was going off on it. The roan horse, he sup- 
posed, was in the stable. He did not say 
that he did not see them leave; but from the 
position he described them as being in, he 
could not see them the moment after they lefl 
the stable. 

By Mr. Ewixg. 

As near as I can recollect, the words used 
by Dr. Mudd, in reference to recognizing 
Booth's pjjotograph, were that he should not 
have recoUfcted the man from the photo- 
graph, and that he did not know him or re- 
member him when he first saw him ; but that 
on reflection he remembered that he was the 
man who was introduced to him in November 
last; but he did not say whetiier this reflec- 
tion, from which he recognized the wounded 
man as the one to whom he had been intro- 
duced, occurred before or after the man left; 
but the impression made on my mind was 
that it was before tlie man left. He gave a.s 
the reason for not remembering him at first 
that the man was very much worn and de- 
bilitated, and that he seemed to make an effort 
to keep the lower part of his face disguised; 
fbut of course the open liglit of day, the shav- 
ing of the face, and tlie fact that he some- 
times slept, gave better opportunities for 
observation. I do not think he said any 
thing to indicate that the wounded man at 
any time entirely threw off his attempt to 
disgui.se; but when he came to reflect, he 
remembered that it was the man to whom he 
had been introduced; he did not, however, 
I believe, say that that reflection or memory 
came to him at any particular moment. 

Mary Simms (colored.) 

For the Prosecution. — May 25. 

I know that prisoner yonder. Dr. Samuel 
Mudd, [pointing to the accused. Samuel A. 
Mudd] I was his slave, and lived with him 
four years; I lell him about a month before 
this Cliristmas gone. I heard iiim talk 
about President Lincoln. He said that he 
stole in there at night, dressed in woman's 
clothes; tiiat they lay in watch for him, and 
if he had come in riglit they would have 
killed him. He said nothing about sliooting 
him; he would have killed him, he said, if 



he had come in right, but he could not; he 
was dressed in woman's clothes. 

A man named John Surratt and a man 
named Walter Bowie, visited Dr. Mudd's last 
summer. Mr. Surratt was a young-looking 
man, slim made, not very tall, nor very short, 
and his hair was light. He came very often. 
Dr. Samuel Mudd and his wife both called 
him Mr. Surratt; they all called him that 
He was there almost every Saturday night 
to Monday night; aijd when he would go to 
Virginia and conie back he would stop there. 
He did not sleep at Dr. Mudd's, but out in 
the woods. Besides him, there was a Captain 
White, from Tennessee, they said; a Captain 
Perry, Lieutenant Perry, Andrew Gwynn, 
Benjamin Gwynn, and George Gwynn; they 
all slept in the woods. When they came to 
the house to eat. Dr. Mudd would put us 
out to watch if anybody came; and when 
we told them somebody was coming, they 
would run to the woods again, and he would 
make me take the victuals out to tliem. I 
would set them down, and stand and watch, 
and then the rebs would come out and get 
the victuals. Surratt and Andrew Gwynn 
were the only two that I saw come out and 
get them. I have seen Surratt in the house, 
up stairs and in the parlor, with Dr. Mudd. 
They never talked much in the pre.'sence of 
the family; they always went ofl" by tliem- 
selves up stairs. 

Some men that were lieutenants and offi- 
cers, came from Virginia, and brought letters 
to Dr. Sam Mudd; and he gave them letters 
and clothes and socks to take back. They 
were dressed in gray coats, trimmed up with 
yellow; gray breeches, with yellow stripes 
down the^ leg. After Dr. Mudd shot my 
brother, Elzee Eglent, one of his slaves, he 
said he should send him to Richmond, to 
build batteries, I think he said. 

Cross-examined by Mr. Ewino. 

It was about four years ago, that Dr. Mudd 
said that Mr. Lincoln came through, dressed 
in woman's clothes; he said it at the table. 
Dr. Mudd never slept in the woods, only the 
men that used to come there; the bed-clothea 
were taken out into the woods to them. 

1 am sure I saw Mr. Surratt there a dozen 
times last summer. I do not think he slept 
in the house any time; none of them ever 
did, but Walt Bowie. The last time I saw 
Mr. Surratt there, apples and peaches were 
ripe. I do not know what month it waa 
lie said he was going to Washington then. 
He took dinner there six or seven times last 
summer; but when the men from Washing- 
ton were alter them, they got soared, and ate 
in the woods. Mr. William Mudd, Vincent 
Mudd, and Albert Mudd saw Mr. Surratt 
there; they all visited the hou.se while the 
rebs were about When Sylvester Mudd 
and some others came, they would run out 
of the way. A young man named Albion 
Brooke saw Mr. Surratt at Dr. Mudd's sev- 



TESTIMONY CONCERNING SAMUEL A. MUDD. 



171 



eral times last summer. It was winter when 
Surratt commenced to come there, and he 
kept coming, on and off, till summer was 
out; and after that I did not see him. He 
used to go to Virginia and come back, and 
to Washington and back, and every time he 
would bring the news. Sometimes he would 
come once a week, and then again he might 
not come for two weeks. 

By Assistant Judge Advocate Bingham. 

Albion Brooke was a white man; Dr. Sam- 
uel Mudd's wife was his aunt. He sometimes 
worked out in the field where the colored 
people were. 

Elzee Eglent (colored,) 
For the Prosecution — May 25. 

I know Dr. Samuel Mudd ; he was my 
boss; yonder he is, [pointing to the accused, 
Samuel A. Mudd.] J was his slave, and lived 
with him. I left him on the 2Uth of the 
August before the last. 

Q. Did he say any thing to you before you 
left him about sending you to Kichmond? 

A. Yes, sir; he told me the morning he 
shot me that he had a place in Eichmond for 
me. 

Mr. EwiNG. I object to that question and 
the answer. 

The Judge Advocate. The object of the 
question is to show disloyalty. 

The Commission overruled the objection. 

Witness. He told me he had a place in 
Eichmond for me when I should be able to 
go away. He did not say what I was to do 
there. That was the June before the last. 
He named four more that he said he was 
going to send to Eichmond — Dick and my 
two brothers, Sylvester and Frank. 

I saw men come to Dr. Mudd's, dressed 
some in black clothes and some in gray; gray 
jackets, coat-like, and gray breeches. One 
of them, Andrew Gwynn, I had seen before; 
the others I did not know. They used to 
sleep in the woods, about a quarter of a mile 
off, I reckon, and would come to the house 
at diflerent times, and go back to the woods. 
I don't know where they got their victuals, 
but I have seen victuals going that way often 
enough ; I have seen my sister, Mary Simms, 
carrying them. That was in the June and 
July before the last. 

Cross-examined by Mr. Ewing. 

Nobody but Dr. Mudd and myself were 
present when he told me he was going to send 
lue to Eichmond; he told me so up stairs. 

Syi-vester Eglent (colored.) 

For the Prosecution. — 3fay 25. 

I used to live about a quarter of a mile 
from the house of Dr. Samuel Mudd; I lived 
with his father. 



Q. State whether you heard him say any 
thing, at any time, about sending men to 
Eichmond; and, if so, what he said, and to 
whom he was talking. 

A. Last August, a twelvemonth ago, I 
heard him say he was going to send me, 
Elzee, my brother, Frank, and Dick Gardner, 
and Lou Gardner to Eichmond to build bat- 
teries. 

Mr. EwiNG objected to the question and 
answer. 

The Commission overruled the objection. 

Witness. That was the last Friday in the 
August before last, and I left the next night 
Forty head of us went in company. 

Cross-examined by Mr. Ewing. 

When I heard Dr. Mudd say this he was 
standing at my old master's front gate, under 
the oak-tree, where their hor.ses were, talking 
to Walter Bowie and Jerry Dyer. 

Melvina Washington (colored.) 
ForUhe Prosecution. — May 25. 

I used to live with Dr. Samuel Mudd ; I 
was his slave; I see him there, [pointing to 
the accused, Samuel A. Mudd.] I left him 
this coming October two years. The last 
summer I was there I heard him say that 
President Lincoln would not occupy his seat 
long. There was a heap of gentlemen in the 
house at the time, but I do not know who 
they were. Some had on gray clothes, and 
some little short jackets, with black buttons, 
and a little peak on behind. Sometimes 
they staid in the house, and sometimes slept 
in the pines not far from Dr. Mudd's spring. 
Dr. Mudd carried victuals to them sometimes, 
and once he sent them by Mary Simms. I 
happened to be at the house one time when 
they were all sitting down to dinner, and they 
had two of the boys watching ; and when 
they were told somebody was coming, these 
men rushed from the table to the side door, 
and went to the spring. 

I heard Dr. Mudd say one day, when he 
got mad with one of his men, that he would 
send him to Eichmond, but 1 did not hear 
him say what he was to do there. 

Cross-examined by Mr. Ewing. 

Those men that staid in the woods were 
there for a week or more, and they went 
away in the night; I do not know where to. 
I noticed them up at the house seven or eight 
times during that week, and never saw them 
there at any other time. I do not know the 
names of any but Andrew Gwynn. I do not 
know of any white people that saw these men 
but Dr. Mudd and liis wife, and two colored 
women, Eachel Spencer and Mary Simms. 1 
did not stay about the house; but when there 
was company I had to go up on account of 
the milking, and that was how 1 happened 
to see them. 



172 



THE CONSPIRACY TRIAL. 



MiLO SiMMs (colored.) 
For the Prosecution. — May 25. 

I was a slave of Dr. Samuel Mudd, and 
lived with him. There he is, [pointing to the 
prisoner, Dr. Mudd.] I left his house on the 
Friday before last Christmas. The last sum- 
mer 1 was there, I saw two or three me« there, 
that sometimes staid in the houne and some- 
times out by the spring, up among the bushes. 
They l)ad on plaid gray clothes, and one had 
stripes and brass buttons on. I saw their 
bed among the bushes; it was fixed under a 
pine tree; rails were laid at tlie head and 
blankets spread out. They got their victuals 
from Dr. Samuel Mudd's; sometimes he car- 
ried them out himself, and sometimes my 
sister carried them. She would lay them 
down at the spring, and John Surrattor Billy 
Simms took them away. I heard John Sur- 
ratt called by that name in the house; Dr. 
Samuel Mudd's wife called him so in Dr. 
Mudd's presence. He was a spare man, slim, 
pale face, light hair, and no whiskers. When 
he was in the house, Dr. Mudd tolti his son and 
some of the children to stay out of doors and 
watch, and if anybody was coming to tell him. 

Last year, about tobacco-planting time, I 
heard Ben Gardiner tell Dr. Samuel Mudd, 
in Beantown, that Abe Lincoln was a God 
damned old son of a bitch, and ought to 
have been dead long ago; and Dr. Mudd 
said that was much of his mind. 

Cross-examined by Mr. Stone. 

I worked in the field, but sometimes was 
at the house to take the horses from the men 
who came there. I reckon I am about four- 
teen years old. I do not know whether I 
would know Mr. Surratt now; I knew him 
last summer. He was not shown to me by 
any one. Dr. Samuel Mudd came out to me 
and said, " Take Mr. Surratt's horse to the 
stable and feed him." He staid all night 
that time. I only saw him there two or three 
times. Mr. Billy Simms, Mr. Perry, and a 
man named Charley something, I forget what, 
came with him. Beantown is about three or 
four miles from the house ; 1 had been there 
with Dr. Mudd for some meat when I heard 
that talk between him and Ben Gardiner. It 
was not two years ago, it was last summer; 
there were some more gentlemen present, 
but I did not know them. 

I have never seen Andrew Gwynn with 
Surratt at Dr. Mudd's house; I have seen 
them at Dr. Mudd s father's house, with Jerry 
Dyer and Dr. Blanford. I saw them all there 
last yea n tobacco-planting time. 

Rachel Spbkcbr (colored.) 

For the Prosecution. — ^fay 25. 

I was the slave of Dr. Samuel Mudd. I 
sec him among the prisoners there, [pointing 
to the accused, Samuel A. Mudd.] 1 left his 
house in January last 



I remember some five or six men being 
there at one time last summer; I think they 
were dressed in black and blue. Some of 
them slept in the pines near Dr. Mudd's 
spring. They got their victuals from his 
house; Dr. Mudd took them out himself 
sometimes. The men would come up to the 
house sometimes, and then I have heard that 
the boys had to go to the door and watch to 
see if any body was cAming. I only remem- 
ber the names of Andrew Gwynn and Walter 
Bowie. There was a young-looking man 
among them once; I do not know his name; 
he was not very tall, but slender and fair. 

I heard Dr. Mudd tell one of his men that 
he was going to send him down to Rich- 
mond; I don't know what he was to do 
there. 

Cross-examined by Mk. Stone. 

Those men that were at Dr. Mudd's last 
summer came all together, staid about a 
week, and went away together. Their horses 
were in the stable. I saw them two or three 
times that week, but I don't remember see- 
ing them before or after. Albion Brooke 
was there at that time; he used to go with 
them ; they were always together. 

William Marshall (colored.) 
For the Prosecution. — May 25. 

I was a slave until the year 1863, when I 
got away from home. 1 belonged to Mr. 
Willie Jameston. Of late I have lived near 
Dr. Samuel Mudd; I see him here now, 
[pointing to the accused, Dr. Mudd.] I 
know Benjamin Gardiner, one of his neigh- 
bors ; he was my wifes master. 

Q. State whether you heard any conversa- 
tion between Benjamin Gardiner and Dr. 
Samuel A. Mudd about the rebels, and their 
battle with the Union forces on tlie Rappa- 
hannock. 

Mr. EwiNG objected to the question on the 
ground heretofore stated by him with refer- 
ence to similar questions. 

The Commission overruled the objection. 

A. Yes, sir; I did. On Saturday, soon 
after the battle at the Rappahannock, 1 hap- 
pened to be home. I had every other Sat- 
urday. My wife being sick, the Doctor had 
been to see her, and when he came out Mr. 
Gardiner met him at the corner of the house, 
and said to him, " We ^ave them hell down 
on the Rappahannock; ' and the Doctor said 
''Yes, we did." Then he said, "Damned if 
Stonewall ain't the best part of the devil; I 
don't know what to compare him to." 

Q. Who said that he was the best part of 
the devil. 

A. Benjamin Gardiner. The Doctor said 
Stonewall was quite a smart one. Then 
Benjamin Gardiner said, "Now he has gone 
around up, in Maryland, and he is going to 
cross over on the Point of Rocks some- 
where" — he did say at that time, but I realljr 



TESTIMONY CONCERNING SAMUEL A. MUDD. 



17; 



forget now, where he was going to cross at 
the Point of Eocks — "and I would not be 
the least surprised if very soon from this" — 
he stated at what time, but I forget at what 
length of time he said — "he will be down 
here and lake the capital of Washington, 
and soon have old Lincoln burned up in his 
house; " and Dr. Mudd said he would not be 
the least surprised; he made no objection 
to it, 

Daniel J. Thomas. 

For the Prosecution. — May 18. 

I am acquainted with Dr. Mudd. About 
two months ago, some time in the latter part 
of March, I had a conversation with Dr. 
Mudd at John S. Downing's. who lives close 
by me and about a mile and a quarter from 
Dr. Mudd s. We were engaged in conversa- 
tion about the politics of the day. I made 
a remark to Dr. Mudd that the war would 
soon be over; that South Carolina was taken, 
and I thought Richmond would soon be, and 
that we would soon have peace. He then 
said that Abraham Lincoln was an aboli- 
tionist, and that the whole Cabinet were 
such ; that he thought the South would never 
be subjugated by abolition doctrine, and he 
went on to state that the President, Cabinet, 
and other Union men in the State of Mary- 
land would be killed in six or seven weeks. 

Cross-examined by Mr. Stoxe. 

Mr. Downing was at home when we had 
this conversation, though I believe he was out 
at the time this pbrtion of the conversation 
took place; he had gone out to the kitchen, 
or to the wood-pile, or somewhere else. After 
his return, I asked him if, after having taken 
the oath of allegiance, he would consider it 
binding. That was all that occurred after Mr. 
Downing returned. I did not remain there 
more than half an hour or three-quarters of 
an hour; that is the only time I have met Dr. 
Mudd at Mr. Downing's this year. From Dr. 
Mudd's conversation he did not seem to be 
joking, but it is impossible for me to say 
whether or not he was earnest in what he said. 
Pie did not look as if he was angry or speak 
in malice. I can not judge whether a man is 
in earnest or not from the language he uses; 
but I siiould think a man was in earnest to 
talk of the President being assassinated. 

Q. Did you think at the time that he was 
in earnest? 

A. No, sir. I did not think any such thing 
would ever come to pass. I thought the 
President was well guarded, and that it was 
a want of sense on his part saying so. I 
laughed to think that the man had no more 
sense. 

When Dr. Mudd first said it, I thought 
he meant it, but after a day or two I thought 
he certainly could not have meant it; but 
after the President was killed, and after hear- 
ing that Booth was at his house, I thought he 
nally meant it. 



Q. You thought it was a mere joke at the 
time, from the way he said it? 

A. He was laughing at the time, or some- 
thing like it. I know Dr. Mudd; we went to 
school together, and when he was a boy he 
was full of fun and jokes. 

I spoke of what Dr. Mudd had said to 
almost everybody I saw, but everybody 
laughed at the idea of such a thing. I told 
Mr. Lemuel Watson, a good Union man, of 
this conversation before the assassination, 
and I also wrote to Colonel Holland, Provost 
Marshal of the Fifth Congressional District 
of Maryland; but I never received an answer 
from him. I had written to him several 
times before, but had never received an an- 
swer and I concluded that my letter must have 
been miscarried. I mailed the letter at Horse- 
head, and directed it to Ellicott Mills. I 
mentioned the conversation I had with Dr. 
Mudd, after the assassination, to my brother, 
Dr. M. C. Thomas, and Mr. Peter Wood, and 
to several others in Bryantown, when they 
were looking for Booth. 

1 am positive that nothing was said be- 
tween Dr. Mudd and myself about exempting 
drafted men, nor had we been speaking of 
desertions from the rebel army or from the 
Union army, and that the conversation re- 
lated is substantially all that occurred. 

Two or three weeks after this conversation, 
but before the assassination, I believe, I men- 
tioned it to Mr. Downing. He said he did 
not hear it, and he said, " Well, if that be the 
case, I am glad I was not in there." I 
thought if he had heard it he would not have 
said any thing about it. This conversation 
with Mr. Downing occurred when I met him 
on the road leading from his house to Horse- 
head. Mr. Downing said it was only a joke 
of Dr. Mudd's; that he was always running 
on his joking ways. When Mr. Downing 
retui'ned to the room. Dr. Mudd did not say 
to him that I had been calling the Souther.i 
army " our army." 

Oross-examined by Mr. Ewixg. 

Mr. Downing was out of the room long 
enough to get some wood, and, to the best of 
my recollection, he brought in some. W^e 
had no further conversation after he came in, 
only I said, " You are a man who took the 
oath ; do you consider it binding ?" lie said, 
"No;" he did not consider it binding; if a 
man was compelled to take an oath, he did 
not consider it binding. I told him nobody 
was going to kill him; it was not compulsory 
for him to take the oath. He said he thought 
it was compulsion. 

After Mr. Downing came in. Dr. Mudd did 
not say another word. I just got up and 
asked Mr. Downing one or two questions; if 
he had taken the oath, and he said he had 
taken the oath, but that he was no more loyal 
than he was before; that he always was a loyal 
man ; that his feeling was for State rights ; 



174 



THE CONSPIRACY TRIAL. 



but that he did not consider that oath bind- 
ing upon any person. 

Before tliat I had said to Dr. Mudd that 
he, having taken the oatli, ought not to say 
such tilings about the President. He said 
he did not consider the oath worth a chew 
of tobacco. It was in consequence of such 
expressions, and knowing that Mr. Downing 
had been a justice of the peace, that I wanted 
to know if he considered the oath binding. I 
said nothing to Mr. Downing about my being 
a marshal or deputy marshal, or about my 
having a commission from General Wallace, 
or of having received any letters from him. 

I told my brother of the conversation I 
had had with Dr. Mudd at Church or before 
Church. 1 told Mr. Watson when he was at 
my mother's one day. When I mentioned it 
to him, he laughed heartily; after that I 
could not help laughing. He. said, " Dr. 
Mudd only did that to scare you. Every- 
body knows that such a thing is never going 
to come to pass." 

Recalled for the Prosecution. — June 6. 

I was at William Watson's door-yard, near 
Horsehead, on the 1st of June, with John 
R. Richardson, Benjamin J. Naylor, George 
Lynch, Lemuel Watson, and William Wat- 
eon, when James W. Richards, the magis- 
trate, rode up. I did not state to Mr. Richards 
that I had been asking any of these gentle- 
man for a certificate to the fact that I was 
the first to give information which led to the 
arrest of Dr. Samuel Mudd, and that if they 
would give me a certificate I should be en- 
titled to the reward of $10,000; but wliat I 
did say was, that 1 had been told in Wash- 
ington, by some of Colonel Baker's men, that 
I was entitled to so much reward if Dr. 
Mudd was convicted. But I said that I never 
expected or looked for a cent, but that I 
would be very glad to receive the reward if 
it were so. I knew these fellows said it in a 
joke, and I told it as a joke. I did not tell 
Mr. Richards that I had been saying that I 
was the person who gave the information that 
led to the arrest of Dr. Mudd. As it had 
been said that if I had told anybody before 
the assassination, I would be entitled to a 
certain part of the reward if Dr. Samuel 
Mudd was convicted, I inquired of them if 
they tlio\ight I would be entitled to it; but 
I never did ask them for a certificate of the 
fact that I had given the information. I 
told them that I had mentioned it to some 
persons before and to some since the assas- 
sination. I do not myself remember whether 
it was before or after the assassination. 

Q. And you did not ask either of the gen- 
tlemen 1 have named for a certificate of the 
fact that you were the first person who gave 
the inlbrmation which led to Dr. Samuel 
Mudd's arrest. 

A. Never. I just said to them, "You can 
Bay I mentioned it before the assassination ; 
you can give me a certificate, and 1 will have 



you summoned to prove it." They said, " No, 
we did not hear you then." Said I, " Will 
you give me a piece of paper to show that I 
mentioned it to you before the assassination ?" 
" No," they said, they did not hear it; because 
they were afraid I would have them sum- 
moned. 

Q. What did you ask for a paper for? 

A. To certify that I had said such a thing 
before the arrest of Dr. Mudd. 

I certainly did not say to Eli J. Watson, 
on the 1st of June, before meeting these gen- 
tlemen, that I wanted him to certify that I 
had been the cause of the arrest of Dr. Mudd, 
or that I had given any information which 
led to his arrest, and for which 1 was entitled 
to $25,000, for I never did give any informa- 
tion which led to the arrest of Dr. Mudd. 
Dr. Mudd was arrested before I knew it. I 
never thought of such a thing as being enti- 
tled to a reward. I looked upon Colonel 
Baker's men saying it as a joke at the time. 
I never looked for or expected such a thing, 
and more than that, I never would have a 
reward. 

When I was on the stand before, Mr. 
Stone wanted to know if I had mentioned 
the conversation with Dr. Mudd to any one 
before the as.sassination. When these men 
told me that I had mentioned this conversa- 
tion to them before the assassination, I then 
asked them if they would sign a paper to 
show the Court that I had mentioned it be- 
fore. That was my object in asking them to 
sign, and that is the only paper 1 asked them 
to sign. 

William A. Evans. 

For the Prosecution. — June 5. 

About the 1st or 2d of March last — cer- 
tainly before inauguration day — I saw Dr. 
Samuel Mudd, with whom I have a slight ac- 
quaintance, drive past me as I was driving to 
the city in the morning. He passed me, I 
think, about eight miles from the city. He 
had a fiery horse, and as I wished to take 
my time, I let him drive past me, but I fol- 
lowed him up to the city, never losing sight 
of him. 

Cross-examined hy Mr. Ewing. 

I have seen Dr. Mudd at different times 
for the last fifteen years, though I never was 
introduced to him. I have, I think, met Dr. 
Mudd at different places in the city, and af 
the National Hotel. Last winter 1 .saw him 
go into the house of Mrs. Surratt on H Street; 
I could not say positively where the house 
is; it may be between Ninth and Tenth 
Streets, or between Eighth and Ninth Streets; 
somewhere along there. I asked a police- 
man, and a lady who was on the sidewalk, 
whose house it was, and was told it was 
Mrs. Surratt's. T had seen rebels going in 
there — Judson Jarboe and others — and I 
wished to know who lived there. It was a 
brick house, of perhaps two etoriea and an 



TESTIMONY CONCERNING SAMUEL A. MUDD. 



175 



attic, and is, I think, between the Patent 
Office and the President's house, and is on 
the right-hand side going toward the Capitol. 

[The witness, at the rcqnest of the counsel, described 
Mrs. Suiratt's house and neighborhood, but did it some- 
what indetinitely.] 

I was riding down the street, going to see 
the Rev. J. G. Butler, of the Southern Church, 
and at the same time call in at the Union 
Prayer Meeting. Thej-e were members of 
different Churches assembled there, but I 
could not name any but Ulysses Ward that 
I saw there. On the same day I saw Mrs. 
Sophia Pressy and Miss Pumphrey at their 
hou.ses, and I saw them also at different 
times during the winter. 

I keep a journal of the visits I make, bap- 
tisms, deaths, etc., but I did not put Dr. 
Mudd's name in that, and I could not refer 
to this journal because it would be impossible 
for me to get possession of my books now. 
I was then moderator of the Presbytery of 
the District of Columbia, and our books are 
not allowed to be taken out of the churches. 
The Rev. Ilenry Highland Garnett, colored, 
is pastor of that Church now, and the journal 
of my baptisms, marriages, and deaths is in 
his possession, but if a hundred such journals 
were here, they would have no efiect in fixing 
the date when I saw Dr. Mudd go into Mrs. 
Surratt's house. I visited other families that 
day, but I can not remember their names 
now. T am so confused at present that I can 
not recollect. 1 have been so confused since 
the death of President Lincoln that I really 
at times am bordering on insanity almost. I 
never got such a shock in my life. 

I was in my buggy when I passed Mrs. 
Surratt's house. Dr. Mudd had on dark- 
colored clothes, I believe, with some kind of 
dark-brown overcoat, and a dark slouch hat 

Q. Now state how it is that you are enabled 
to fix the date from the 1st to the 3d of 
March as being the day on which you saw 
Dr. Mudd riding into town. 

A. I hold a position in the Post-office De- 
partment, and I was making arrangements 
to come up to the inauguration on the 4th 
of March ; and I was coming up ver}' early 
on those mornings to do extra work, in order 
to be present at the inauguration. Dr. Mudd 
drove on past me. My horse got scared at 
tlie time, and was very near throwing me 
out I remarked, as he passed by, how rude 
he was in almost knocking his wheel against 
my buggy ; and I came home and told my 
wife I was very near being thrown out. I 
liave only one leg, and it is difficult for me 
to get along I could not get out of my buggy 
if the horse ran away. 

Q. When did you commence this extra 
work, so as to be enabled to attend the in- 
auguration ? 

A. Several days before the inauguration. 

Q. Three or four days before ? 

A. About the latter part of February. I 
always like to discharge my duty, I have a 



certain amount of work to do, and I want to 

do it. 

Mr. EwiNG. We do not want your per- 
sonal history. 

Witness. You seem to be so precise, I 
want to give you every thing connected 
with it. 

Mr. EwiN'G. We are not so precise as to 
your personal history. 

Witness. A little of it will not do you 
any harm. 

Mr. EwiNG. I do not think it will do any 
good in this case. 

Witness. We are all free and equal men, 
and can talk as we please. 

Mr. EwiNG. If the Court wishes this ex- 
amination continued perpetually, this witness 
may be indulged in his lucubrations as to his 
history and answers to every thing except the 
questions that I propose. I ask the Court to 
restrain him to enable me to get through the 
examination. 

The President. The witness has been told 
once that he must reply to the questions. 

Witness. I have answered every question 
that he has asked me, to the best of my 
ability. 

The President. We do not want any 
thing else but answers to the questions. 

Witness. Very well, I will answer them. 

The President. If you do not do as you 
are directed, we will try 

Witness. And make me do it. 

The President. Yes, sir. 

Witness. Dr. Mudd drove a two-seated 
carriage; it is what is termed a rockaway. 

When I saw Dr. Mudd going into Mrs. 
Surratt's house, Mr. Judson C. Jarboe was 
coming out. I saw him shaking hands with 
a lady at the door as Mudd was going in. I 
took the lady to be Miss Surratt from her 
likeness to her mother. Jarboe had mur- 
dered one of our citizens, and I wanted to 
know who lived at the house he was visiting. 

I can not say when last I saw Dr. Mudd 
before the time I have referred to; he passed 
often on the road during last winter. I think 
I once saw him coming up with Herold, 
[pointing to the accused David E. Herold.] 
It might have been a year ago. 

Cross-examined by Mr. Clampitt. 

It might have been about 11 o'clock when 
I saw Jarboe come out of the house as Mudd 
was going in. 

Q. Did you not say that you were on your 
way to a prayer meeting at the time? 

A. No, sir; I vvas on my way to see Dr. 
Butler. I said I was on my way to visit 
some families, and then in that neigliborhood 
to go to prayer meeting. Being lame, I take 
pains to arrange my journeys so as not to go 
over the same ground again. 

Cross-examined by Mr. Aiken. 

I am a minister now, and have been for 
fifteen years. I hold a secret commission 



17G 



TUE CONSPIRACY TRIAL. 



under the Government to arrest deserters 
and dinlovalista wherever I find tlicm. I am 
a detective. I wish to discharge my duty 
toward the Government to tlie best of my 
ability, but have never received one cent for 
any duty of that kind. 

[This witness was excoedinBly discursive, and hill cxam- 
ioation was consequently very lengthy. The above narra- 
tiuii coutHius ull the maturial facts testified to.] 

JoHX H. Ward. 

For the Prosecution. — May 20. 

I live in the suburbs of Bryantown, Mary- 
land. On Saturday, the 15th of April, I 
went to the village as soon as I had finished 
my dinner, and was there at about 1 o'clock. 
As soon as I arrived, I observed that the 
military were in town with Lieutenant Dana, 
and that'there was great excitement among 
the people as well as the militar}\ I went 
home, expecting that the soldiers would 
search the houses. Soon afterward a negro 
came up and said the President had been 
assassinated. 1 immediately left home and 
went again to the village. There I heard 
of the a:5sassination. I also heard that the 
assassin's name was Booth. It was spoken 
of by everybody at Bryantown ; first by the 
military, and then by the citizens, and it was 
spread about that Booth was the assassin. I 
heard this, I suppose, between 1 and 2 o'clock. 

The village was put under martial law, 
and many of the people began to be excited 
about getting home, and made application to 
the commanding officer to let them go, but 
he refused to do so. I went home. 

I think I saw Dr. Samuel Mudd there, but 
the excitement was so great that I can not 
say positively that I did. 

Cross-examined by Mr. EwiNO. 

I could not tell precisely the time 1 left 
Bryantown, the second time I went up, but 
I suppose it was between 2 and 3 o'clock. I 
did not hear that the President had been 
assassinated the first time before I left Bry- 
antown; the first intimation I had of it was 
by the darkey. 

"Boose" was the name of the assassin, as 
spoken by the soldiers who were not familiar 
with language ; they could not say Booth. 

By Mr. Ewixo. 

Those who spoke audibly, told me that his 
name was Booth, and those who seemed to 
have an amalgamation of the languages 
called it " Boose." 

The darkey who told me that the Presi- 
dent was assassinated was Charles Bloyce, 
a brother to the one who has just testified. 
When he told me that the President had been 
assassinated, I immediately left home, and 
went to the village, where I found it a current 
report. He did not tell me who did it. 

My house, I suppose, ia four or five miles 
from Dr. Mudd's. I could nst state posi- 
tively that it was Dr. Mudd I saw ; the per- 



son I supposed was tlie Doctor I saw about 
a quarter of 4 o'clock. I am personally 
acquainted with Dr. Mudd, and have been so 
for two years and five months. 

Frank Bloyce (colored.) 
For the Prosecution. — May 20. 

I live in Charles County, Maryland, about 
half a mile from Bryantown. I was in Bry- 
antown on Saturday evening after the murder 
of the President, and saw Dr. Samuel Mudd 
there between 3 and 4 o'clock. I was in 
the store buying something when Dr. Mudd 
came in. 

Cross-examined by Mr. Ewino. 

I left Bryantown before night. I do not 
know what time Dr. Mudd left. Before 
night the place was guarded, and I heard 
that the President had been a-ssassinated. 

Mrs. Eleaxor Bloyce (colored.) 

For the Prosecution. — May 19. 

I know the prisoner, Dr. Mudd ; he lives 
about four miles from Bryantown, where I 
live. I saw him on the 15th of April last, 
riding into Bryantown late in the afternoon. 
There was a gentleman with him when he 
passed. I do not know that they went into 
town together ; they were together until they 
were out of my sight. It was but a short 
time until Dr. Mudd returned. When he 
came back the gentleman was not with him. 
About eight or ten minutes after I saw him 
I went into town myself On arriving there 
I found the soldiers from Washington, and 
then I heard of the murder of the President; 
that he was shot on Friday night at the 
theater. I did not hear who shot him. 

Cross-examined by Mr. Stoxe. 

When Dr. Mudd passed the first time, I saw 
a gentleman with him; when he returned, I 
did not see the gentleman with him. I was too 
far from the road to know what kind of look- 
ing gentleman he was. 1 reckon I live about 
a quarter of a mile from the road. I went to 
Bryantown in a very short time after he 
passed my house. 1 do not think Dr. Mudd 
staid in Bryantown a quarter of an hour, 
but I do not know, as 1 have not any thing 
to tell by; it was a dark, drizzly, foggy 
evening, getting late. 

I could not tell whether it was an old or 
young gentleman with the Doctor, he ap- 
peared to be riding a bay horse; I think the 
Doctor was riding a dark-gray hor.se, but I 
did not tiike much notice. They were riding 
side by side at a tolerable gait, not faster 
than persons usually ride in the country. 

I live on the right of the road that leads 
up to Dr. Mmld's. There is no road that 
turns out between my house and Bryantown, 
and the man that was with Dr. Mudd was 
obliged to go through Bryantown, or come 
back the same way as he went. I was not 



TESTIMONY COXCERNING SAMUEL A. MUDD. 



177 



at the door all the time. I happened to be 
standing at the door when Dr. Mudd passed 
and the gentleman with him, and when he 
returned alone. 

Mrs. Becky Briscoe (colored.) 

For the Prosecution.— May 19. 

I live at Mr. John McPherson's, about a 
quarter of a mile from Bryantown. I know 
Dr. Samuel Mudd. On Saturday, the day 
after the President was murdered, about 3 
o'clock, as I was standing in the kitchen- 
door, I saw the Doctor riding into town with 
a strange gentleman. The gentleman went 
toward the bridge, and the doctor kept on 
to Bryantown, and this gentleman came back 
again. He kept on down the road to the 
swamp, when I saw him again. He staid at 
the swamp till the Doctor came back, in 
about half an hour, I reckon. The bridge is 
in sight of the town, about half a mile oft'. 
I went to town a very little while after the 
Doctor came back. I there heard of the mur- 
der of the President, but I did not hear until 
two or three days after that the man who 
killed him was named Booth. 

Cross-examined by Mr. Stone. 

The swamp is on the other side of the 
house, just below the barn. Dr. Mudd and 
this man went along together, and the latter 
stopped at the bridge and came back again, 
and went as far as the swamp. I was down 
in the branch getting willows for Dr. Mar- 
shall, but not in the same branch the gen- 
tleman was in, but I could see over into that 
branch. He was sitting there on the horse. 
I saw him again going up the road with Dr. 
Samuel Mudd. I think both of them were 
on bay horses. They passed about 3 o'clock 
in the afternoon. A boy who was cutting 
wood at the wood-pile said, "There's a 
strange man going with Dr. Sam ; I do n't 
know who he is." 

I started for Bryantown when Dr. Mudd 
came back. The soldiers were in Bryantown 
when I got there. I told my mother, who 
has just testified, that day of having seen 
this man with Dr. Mudd, and the next day 
I also told Baker Johnson, Mr. Henry John- 
son, and Maria Kirby about it 

Marcus P. Norton. 

For the Prosecution. — June 3. 

By Assistant Judge Advocate Burnett. 

I was in in this city, stopping at the Na- 
tional Hotel, from about the 10th of January 
to the 10th of March last. While there I 
knew J. Wilkes Booth by sight, having seen 
liim act several times at the theater. 

I saw the accused, Samuel A. Mudd, under 
the following circumstances: A person hast- 
ily entered my room, on the morning of the 
3d of March, I think. He appeared some- 
what excited, made an apology, and said that 
he had made a mistake; that he wanted to I 

12 



see Mr. Booth. I told him tnat Booth's 
room was probably on the floor above, the 
number I did not know. My room having 
thus been entered by a person apparently 
excited, I left my writing and followed the 
person partly through the hall. As he went 
down the flight of stairs to the story below, 
he turned and gave a look at me. It was 
his hasty apology and hasty departure that 
made me follow him. On entering the court- 
room this morning, I pointed out to the Hon. 
Horatio King the three prisoners I had seen 
at the National Hotel — Dr. Mudd, Atzerodt, 
and O'Laughlin. When I pointed them out 
I did not know their names. 

[ See testimony of Marcus P. Norton, page 149.] 

I recognize the person, Samuel A. Mudd, 
as the man who entered my room on that 
occasion. It was either he or a man exactly 
like him. I am enabled to fix the d^te when 
he entered my room, first by the fact of its 
being immediately before the inauguration, 
also that it was on the morning of the day 
on which I was preparing my papers tp argue 
a motion, pending before the Supreme Court, 
in the case of John Stainthrop and Stephen 
C. Quinn against WalHs Hollister. I remem- 
ber the motion was argued on the day the 
person I speak of entered my room. He 
had on a black coat. His hat, which he 
held in his hand, was, I think, a black one, 
but not a high-crowned hat. 

Cross-examined by Mr. Ewing. 

My impression is that it was after I heard 
the conversation between Booth and Atze- 
rodt that Dr. Mudd entered my room, and I 
have no doubt it was on the 3d of March. 
I occupied room No. 77 in the National 
Hotel at the time. Dr. Mudd was dressed in 
black; he had on a black coat, no overcoat, 
I think, and his hat, which he had in his 
hand, was black ; I think it was a hat some- 
thing like that, [pointing to the black silk 
hat of the President on the table,] but not 
so high. 

By the Court. 

When Dr. Mudd entered my room he 
seemed somewhat excited, or perhaps in a 
hurry rather. He said he had made a mis- 
take in the room, and apologized in that 
way. The room I then occupied was No. 
77. I had perhaps ten days before been re- 
moved from room No. 120, 

See also the testimony of 

Louis J. Weichmann pages 113, 118 

Lieut Alexander Lovett page 87 

Lieutenant D. D. Dana. " 88. 

William Williams " 88. 

Simon Gavacan " 89. 

Joshua Lloyd " 90. 

Thomas L. Gardiner " 71. 

Miss Anna E. Surratt " 130. 

Miss Honora Fitzpatrick " 132. 



178 



THE CONSPIRACY TRIAL. 



DEFENSE OF SAMUEL A. MUDD, 



John C. Thompson. 
For the Defense. — May 26. 
By Mr. Stonb 

I reside in Charles County, Maryland. I 
had a slight acquaintance with a man named 
Booth; I was introduced to him by Dr. 
Queen, my father-in-law, about the latter 
part of October last, or perhaps in Novem- 
ber, lie was brought to Dr. Queen's house 
by his son Joseph. None of the family, I 
believe, had ever seen or heard of him 
before ; I know that I had not. He brought 
a letter of introduction to Dr. Queen from 
some one in Montreal, of the name of Mar- 
tin, I think, who stated that this man Booth 
wanted to see the county. Booth's object 
in visiting the county was to purchase lands; 
he told me so himself, and made various 
inquiries of me respecting the price of land 
there, and about the roads in Charles County. 
I told him that land varied in price from $5 
to $50 per acre; poor land being worth only 
about $5, while land with improvements, or 
on a river, would be worth $50 ; but I could 
not give him much information in regard to 
these matters, and referred him to Henry 
Mudd, Dr. Mudd's father, a large land-owner. 
He also inquired of me if there were any 
horses for sale in that neigliborhood. I told 
him that I did not know of any, for the 
Government had been purchasing, and many 
of the neighbors had been taking their 
horses to Washington to sell. Booth told 
me, on the evening of his arrival at Dr. 
Queen's, that he had made some specula- 
tions or was a share-holder in some oil lands 
in Pennsylvania; and as well as I remem- 
ber, he told me that he had made a good 
deal of money out of it, and I did not know 
but that he came down there for the purpose 
of investing. 

On the next morning, Sunday, I accom- 
panied him and Dr. Queen to Church at 
Bryan town. I happened to see Dr. Samuel 
A. Mudd in front of the Church before 
entering, and spoke to him, and introduced 
Mr. Booth to him. Mr. Booth staid at Dr. 
Queen's that night and the next day. About 
the middle of the December following, if my 
memory serves me, Mr. Booth came down a 
second time to Dr. Queen's; he staid one 
night and left early next morning. I never 
saw him but on these two occasions, and do 
not know whither he went when he left Dr. 
Queen's. 

Cross-examined by Assistant Judob Adtocate 
Burnett. 

I live about seven or eight miles from Dr. 
Samuel A. Mudd. I know the Doctor per- 



sonally, but am not intimately acquainted 
with him, or with his affairs. I do not know 
that Dr. Mudd owns lands, or whether he 
lives upon land that belongs to his lather.; 
but I know that his father is an extensive 
land-holder, and I told Mr. Booth that per- 
haps he might be able to purchase land 
from him. 1 saw the signature of the letter 
of introduction Booth brought; it was Mar- 
tin, I believe; the first name I forget. Booth 
did not buy any lands in that neighborhood, 
to my knowledge. 

Dr. William T. Bowman. 

For the Defense. — May 27. 

By Mr. Ewixo. 

I reside at Bryantown, Charles County, 
Maryland. Some time in December last I 
met J. Wilkes Booth at Church, near Bry* 
antown. I was told it was Booth, the trage- 
dian. A few days afterward I saw him 
again in Bryantown. After speaking to one 
or two other persons, he asked nffe if I knew 
any person who had any land to sell. I told 
him 1 had a tract which I should like to 
dispose of, and took him to the window and 
pointed out the place to him. I told him 
the extent and price, etc. He asked me if I 
had any horses to sell. I told hiiu I had 
several I would sell. He then said, " I will 
be down in a couple of weeks and look at 
your land." 

I have heard Dr. l^Iudd say he would like 
to sell his land. Last summer, when he 
could get no hands, he said he would sell. 
I asked him what he expected to do in case 
he sold his land ; he said he thought of 
going into business in Benedict, on the Pa- 
tuxent River; it is in an easterly direction 
from Bryantown, and is our usual port for 
Charles County. 

Cross-examined by Assistant Judob Adtooatb 
Bingham. 

Some four or five days after Booth was 
there, I saw Dr. Mudd. I told him 1 thought 
1 should now sell my land. He asked me to 
whom I expected to sell. I told him there 
was a man by the name of Booth, who said 
he was coming down to look at it, when he 
said, "That fellow promised to buy mine." 

By Mr. Stonk. 

The distance from Bryantown to the Pa- 
tuxent is ten miles. Matthias Point is the 
nearest cro.s8ing on the Potomac from Bry» 
antown, and that is from fifteen to sixteen 
miles. It is about fifteen miles from Bry- 
antown to Pope's Creek, which ia opposite 



DEFENSE OF SAMUEL A. MUDD. 



179 



Matthias Point, on the Potomac, and about 
three miles and a half from there to Dr. 
Mudd's. Mr. Henry L. Mudd, the father of 
Dr. Samuel Mudd, owns a considerable 
amount of land in that neighborhood. 

Cross-examined 6y Assistant Judge Advocate 
Burnett. 

I live three miles and a half from Dr. 
Mudd. Dr. Mudd is understood to own the 
land he lives on, as other people own their 
land, but I do not know of my own know- 
ledge that it belongs to him. 

Jeremiah Dyer. 

For the Defense. — May 27. 

I have been living in Baltimore for two 
years; before that I lived from my childhood 
within half a mile of Dr. Samuel Mudd. I 
know Sylvester Eglent, who is a servant of 
Dr. Mudd's father; I also know Frank Eglent, 
Dick Washington, and Luke Washington. I 
never heard any conversation in which Dr. 
Mudd said he would send Sylvester Eglent 
and his brother Frank Eglent to Richmond. 
Such a conversation could not have taken 
place in August, as I left that country on the 
Ist of August for Baltimore, where I re- 
mained until October. I then heard that 
some thirty or forty of the hands had left, 
and I went down to hire other hands to se- 
cure the crop. I heard, when I got down 
there, that a man by the name of Turner 
had started a report that he was going to 
catch all the negroes in that neigliborliood 
and send them away. I never heard Dr. 
Mudd say any thing about sending off his 
hands to Richmond. I never met Dr. Mudd 
in company with Walter Bowie at his father's 
house. I know Milo Simms, Melvina Wash- 
ington, Elzee Eglent, and Mary Simms; they 
were all, I think, servants of Dr. Mudd's 
house in 1861. 

I know Andrew Gwynn very well. Since 
1861 he has been in the rebel army. About 
he Ist of September, 1861, I was in the 
neighborhood of Dr. Mudd's house for about 
a week. We were knocking about in the 
pines and around there. It was about the 
time Colonel Dwight's regiment was passing 
through, and there was a perfect panic in 
the neighborhood; the report was that every- 
body was to be arrested. A great many were 
arrested. Mr. Gwynn and his brother came 
down in a frigiit, stating that they had been 
in the house to arrest them, or liad been in- 
formed they were on their way there. I also 
received notice that I was to be arrested. 
The two Gwynns came down then; I met 
them there at Dr. Mudd's or my house, I do 
not know which; the farms are adjoining 
For several nighta we slept in the pines be- 
tween his house and mine. That situation 
*?as a little inconvenient, and we moved over 
and lay, I think, one or two nigjjts near his 
spring. We had some bed-clothing there, 



obtained from Dr. Mudd's house and from 
mine; most of it, I think, from Dr. Mudd's. 
Our meals were brought us by Dr. Mudd. 
The Doctor used to bring down a basket con- 
taining bread, meat, biscuit, and ham, and the 
colored girl, Mary Simms, I think, brought 
a pot of coffee. 

There is a large swamp between his house 
and mine. The first night we were on the 
other side of the swamp, after that we came 
within one hundred and fifty or two hun- 
dred yards of Mudd's house. The party con- 
sisted of Benjamin Gwynn, Andrew Gwynn, 
and myself There was at the time a 
general stampede and panic in the com- 
munity. A good many left their homes, and 
went to their friends' houses, or from place 
to place. 

When we were in the pines, I think Mr. 
Gwynn's horses were left at Dr. Mudd's, and 
were fed by the boys there; Milo Simma 
would be likely to attend to them. I re- 
member telling the children to keep a look 
out, and if any one came to let me know. 
We were all dressed in citizen's clothes. 

Alvin Bi'ook, William Mudd, Vincent 
Mudd, and Albert Mudd might have come 
there while we were there, but I do not dis- 
tinctly remember. 

I have known Daniel J. Thomas since he 
was a boy, and I know his reputation for 
veracity in that neighborhood is such that 
very few men there have any confidence in 
him. His reputation is so bad that I would 
not believe him under oath. 

I have known Dr. Mudd since he was a 
boy. I have never heard the slightest thing 
against him. He has always been regarded 
as a good citizen; he has a good reputation 
for peace, order, and good citizenship. I have 
always considered him a kind and humane 
master. I never knew of any thing to the 
contrary, except his shooting his servant, 
which he told me of the same day it happened. 

Cross-examined by the Judge Advocate. 

I have never heard Thomas charged with 
having sworn falsely. He is a noisy, talk- 
ative man, but is unquestionably loyal. I 
can not say that 1 have ever heard a man 
of known loyalty speak of Mr. Thomas as 
a man they would not believe under oath. 

I am not aware that I have been guilty of 
any disloyalty toward the Government; I 
certainly never wanted to see two Govern- 
ments here, and I think I have desired that 
the Government of the United States might 
succeed in its endeavors to suppress the re- 
bellion, and I have persuaded young me« 
from going on the other side. 

I was a member of a military organiza- 
tion in 1861, the object of which was, I be- 
lieve, to stand by the State of Maryland in 
the event of its taking ground against the 
Government of the United States. 

Q. At the time of which you speak, the 
fall of 1861, was the subject of the Legi»- 



180 



THE CONSPIRACY TRIAL. 



laturc of Maryland passing an ordinance of 
secession much discussed among you? 

A. I do not know; I probably heard the 
subject spoken of very often, but I do not 
know that it was discussed to any extent I 
may have heard it spoken of in crowds or 
congregations, but so far as conversing with 
any particular person on that subject is con- 
cerned, I have no knowledge of it. 

Q. Did you not suppose that the organi- 
zation of which you were a member was at 
that time regarded as disloyal by the Govern- 
ment, and hence feared arrest? 

A. 1 hardly know how to answer that 
question. That was in the incipiency of the 
thing, and it was hardly time for men to re- 
flect and give their minds room to see what 
would be the result of rebellion and civil 
war; it was in the start, when every thing 
was wild excitement and enthusiasm; and of 
course I can hardly answer that question. 

I do not know that I particularly rejoiced 
at the success of the rebels at the first battle 
of Bull liun. I might have been like a good 
many others at that time; I suppose my 
sympathies were with the rebels. When 
Richmond was taken, my sympathies were 
on the side of the Government; I wanted 
to see the war stopped. I believe the United 
States were pursuing the right course, except 
in emancipating the slaves; I thought that 
was wrong. 

By Mr. Ewing. 

I have not seen a great deal of Mr. Thomas 
for the past two or three years; my estimate 
of his reputation for truth and veracity is 
based upon my knowledge of that reputation 
for several years back. I know he has not 
borne a good reputation for truth and veracity 
in that neighborhood since he was a boy. I 
1 have heard him spoken of as one who 
would tattle a great deal, and tell stories, and 
say a great many things that were not true. 

The military company of which I have 
spoken was organized, I think, in 1859, un- 
der the authority of Governor Hicks. On 
the 22d of February, 1860, we were up here 
in Washington, at the inauguration 'of the 
statue. 

By the CorRT. 

Our company broke up immediately on the 
breaking out of the war, and a great many 
left and joined the rebel army. I think it 
was regarded by the Government as a disloyal 
organization at the breaking out of the war. 

Mr. Thomas was, I think, a candidate for 
a seat in the House of Delegates of Mary- 
land a year or two ago. 

By Mr. Ewino. 

I do not think Thomas was nominated; I 
saw his name in the newspaper, and I saw 
him at the polls on the day of the election; 
•ic was then very confident of his election. 

The military organization to which I be- 



longed was not regarded as a disloyal organ- 
ization in 1859; we never drilled after the 
breaking out of the war. 

Becalled for the Defense. — May 27. 

I know John H. Surratt; I have seen liim 
on his father's place, at Surrattsville. This 
photograph of him [the one in evidence] is, 
1 think, a good likeness. I have not seen 
him for a year and a half or two years. 

By Mr. Stone. 

Dr. Mudd does not live on any of the 
direct roads leading from Washington to the 
Potomac. A person leaving Washington, in- 
tending to strike the Potomac above Pope's 
Creek or Upper Cedar Point Neck, would go 
out of his way seven or eight miles to pass 
Dr. Mudd's. A person starting from here to 
strike the Potomac at Port Tobacco, would 
be nearest Dr. Mudd's at Troy, where the 
main road crosses. That is seven or eight 
miles from Dr. Mudd's place; so that a per- 
son would go out of his way sixteen miles to 
call at Dr. Mudd's, and by the nearest road 
it would be ten or twelve miles. Dr. Mudd's 
house is considerably nearer the Patuxent 
than the Potomac. All the shipping from 
his farm is done on the Patuxent I think 
Pope's Creek on this side of the Potomac is 
nearly opposite Matthias Point, in Virginia. 

Recalled for the Defense. — June 30. 

Oross-exammed by Assistant Judge Advocate 
Bingham. 

In September, 1861, 1 accompanied Benja- 
min Gwynn and Andrew Gwynn to Virginia. 
I think we remained in Richmond four weeks; 
I was sick there for two weeks. We sup- 
posed we were to be arrested, and we went to 
Richmond to avoid it We were in the pinea 
at Dr. Mudd's four or five days before we left. 
I belonged to a cavalry company, but I can 
not say that it was hostile to the Govern- 
ment and Administration of the United 
States. I suppose, if Maryland had passed 
the ordinance of secession, in all probability 
that company would have been in the rebel 
army, but 1 can not .say that it was an organ- 
ization to siipport Maryland in so doing. I 
am not aware that 1 publicly proclaimed 
myself in favor of the secession of Mary- 
land; I may have done so, but I do not now 
recollect I have not been over the lines 
since the time 1 have referred to. 

I have been at Dr. Mudd's several times 
during the past two or three years. In going 
backward and forward from Baltimore, 1 gen- 
erally make Dr. Mudd's my head-quarters. 

By Mr. Ewino. 

I am brother-in-law to Dr. Mudd. I have 
two or three sisters in that neighborhood, 
and 1 go to see them all. When I returned 
from Virginia I took the oath of allegiance, 
and I have never, to my knowledge, vio 
lated it 



DEFENSE OF SAMUEL A. MUDD. 



181 



Alvin J. Brook. 

For the Defense. — 3fay 27. 
jBy Me. Ewikg. 

I have been living at Calvert College, near 
Windsor, Maryland, since September last; 
before that I worked for Dr. Samuel Mudd. 
I went there in January, 1864. While living 
at Dr. Mudd's I never saw Captain or Lieu- 
tenant Perry, or Captain White, from Ten- 
nessee. I know Mr. Benjamin Gwynn and 
Andrew Gwynn, but I did not see either of 
them at Dr. Mudd's. I know Jolin H. Sur- 
ratt; I saw him in Prince George's County 
last August. While at Dr. Mudd's I never 
saw nor have I any knowledge of those per- 
sons sleeping in the woods at Dr. Mudd's; 
I never saw any evidence that they did. I 
was in the stable morning, noon, and night, 
but I never saw any strange horses there. 
While living at Dr. Mudd's, I took my meals 
and slept in the house. 

In 1861 I was living at Jerry Dyer's, which 
is just across the swamp from Dr. Mudd's 
place. I know of persons sleeping in the 
woods in 1861, the first year of the war. I 
know of Jerry Dyer and Benjamin Gwynn 
dodging about there in the woods. I have 
not seen Andrew Gwynn since then. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

[ Photograph of John H. Surratt exhibited to the wit- 
ness.] 

I know that picture. It is John H. Sur- 
ratt I saw him about the middle of August 
last, about sixteen miles from Dr. Mudd's. 
No one was at Dr. Mudd's while I was there, 
but the neighbors round, William A. Mudd, 
Albert Mudd, and Constantine Mudd. I 
knew all who came there; there were no 
strangers. I never saw Booth. 

Frank Washington (colored.) 

For the Defense. — May 27. 

By Mr. Stone. 

1 lived the whole of last year at Dr. Samuel 
Mudd'a I was his plowman; I am working 
there still. I was there every day, except 
Sundays and holidays, and I was in the 
stable night and morning, and at 12 o'clock. 
I was often at the spring. I took my meals 
in the kitchen of Dr. Mudd's house. 

I know Mr. Andrew Gwynn and Mr. Benja- 
min Gwynn by sight. It has been four years 
since I saw Mr. Andrew Gwynn. I never 
saw any one camped out in the woods at Dr. 
Mudd's. I never saw any one there called 
Captain Perry or Lieutenant Perry, or Captain 
White, and I have never seen any strange 
horses in the stable. I know Mary Simms. 

Q. What do the servants there in the 
neighborhood think of her character for tell- 
ing the truth ? 

A. She was never known to tell the truth. 



Q. From her general character among the 
servants in the neighborhood for telling the 
truth, would you believe her on oath ? 

A. No, sir. 

Q. How did Dr. Mudd treat his servants ? 

A. He treated them pretty well. 

Q. How did he treat you ? 

A. He treated me first-rate. I had no fault 
to find with him. 
[ExhibltiDg a photograph of John H. Surratt.] 

I do not know him ; I never saw him. 

Cross-examined by the Judge Advocate. 

I have known Mary Simms ever since she 
was a small girl. Others on the place think 
of Mary Simms as I do. I was not on the 
place when Dr. Mudd shot one of his serv- 
ants. I knew him, but have not seen him 
since the second year of the war. 

[The witness was directed to look at the. accused. David 
E. Herold.] 

I never saw him. I do not know any of 
the prisoners, excepting Dr. Samuel Mudd. 

I was home on Saturday, the day the 
President was killed, when two men called 
at Dr. Mudd's. I took their horses. I got a 
glimpse of one of them as he was standing 
in the door, just as the day was breaking. 

Cross-examined iy Assistant Judge Advocate 
Burnett. 

Two stray horses came there the day after 
the assassination ; I put them in the stable, 
and fed them. One was a bay, and the other 
was a large roan. They came there just 
about daybreak. At noon the bay was gone, 
and Dr. Mudd's gray one. I led them out. 

Q. Did the little man on the end of the 
seat there [Herold] ride the bay one, or the 
Doctor? 

A. I do not know ; I never saw him on a 
horse. 

Q. You know you took out the bay one 
and Dr. Mudd's gray? 

A. Yes, sir. 

I do not know where they went. When 
I brought out the horses, I went to the field, 
and did not come back till sundown, and 
both horses, the bay and the roan, were then 
gone. Dr. Mudd has only two servants now, 
myself and Baptist Washington, who is a 
carpenter. 

I get $130 a year wages. I do not know 
that 1 shall get anj' thing for this extra job. 
No one has promised me any thing for 
coming here, or said any thing about it. I 
do not know about any arms being brought 
to Dr. Mudd's at any time, nor was any thing 
said that I know about Rachel Spencer bury- 
ing any arms for Dr. Mudd. 

Baptist Washington (colored.) 

For the Defense. — May 27. 

By Mr. Stone. 

I worked for Dr. Samuel Mudd last year. 
I put up a room between his house and the 



182 



THE CONSPIRACY TRIAL. 



kitch(D. I worked there from either Janu- 
ary or February until August, and then came 
to Waeiiiiigton, and staid Tiere about a niontii, 
when I went back to Dr. Mudd and blaid 
there until ChriHtnias. I never heard of 
anybody being camped about the spring, or 
sleeping in tiie woods at Dr. Mudd's last 
year. I used to be down at the spring pretty 
often, but 1 did not see anybody there. 1 
do not know Captain Ben. Gwynn or An- 
drew Gwynn, and 1 never saw or heard of 
Captain White or Captain Perry being at 
Dr. Mudd 8 ; nor did I ever know of any 
horses belonging to strangers being in the 
stable. I did most of my work, sawing-out 
and framing, at the stable. I was at the 
stable every day while I was at work, except- 
ing Sundays and holidays. 

1 know Mary Simms, the colored girl, that 
lived at Dr. Mudd s. Nobody that knew her 
put much confidence in her. Mary Simms 
minded the children, and waited on the table 
sometimes. 

Q. How did Dr. Mudd treat his servants? 

A. He always treated his servants very 
well, so far as I knew. 

Q. How did he treat you? 

A. He treated me very well. I was always 
very well satisfied with the accommodations 
he gave me when I was there. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I did not belong to Dr. Mudd, but was hired 
out to him. I was the slave of Mrs. Lydia 
Dyer, originally of the family of Jerry Dyer. 

[Exhibiting to the witness a photograph of John H. Sur- 
ri\tt.] 

I do not know that man ; I never saw him 
at Dr. Mudd's that I know. 

Mrs. Mary Jane Simms. 
For the Defense.— May 27. 

I lived with Dr. Samuel Mudd during the 
year 1864, except when I was at my sister's 
visiting. I never staid over two or three 
weeks at my sisters. 

1 know Captain Bennett Gwynn and Mr. 
Andrew Gwynn. Mr. John H. Surratt I 
have seen since. 1 saw none of those per- 
sons at Dr. Mudd's last year; none of them 
were in the woods and fed from the house 
that I saw or heard of I visited my sister 
last March twelve months, and was at Dr. 
Mudd's pretty much all the spring, summer, 
and fall. 

Bennett F. Gwynn. 

For the Defense.— May 20. 

By Mr. Ewinq. 

My name is Bennett F. Gwynn. I am 
eometimcs called Ben. Gwynn. Andrew antl 
Geor^^e Gwynn are my brothers. Of Captain 
White from Tennessee, Captain Perry, or 
Lieutenant Perry, I know nothing. I never 
heard of such persons. 



About the latter part of August, 1861, I 
was with my brother, Andrew J. Gwynn, 
Mr. Jerry Dyer, and Alvin Brook, at Dr. 
Mudd's place. About that time General 
Sickles came over into Maryland, arresting 
almost everybody. I was told I was to be 
arrested, and I went out of the neighborhood 
awhile to avoid iL I went down into Charles 
County; staid about among friends there for 
a week or so, as almost everybody else waa 
doing. There was a good deal of running 
about that time. 

Q. Go on and tell all about it. 

Assistant Judge Advocate Bingham ob- 
jected. What occurred in 1861 was not ia 
issue. 

Mr. EwiNG »aid that the prosecution had 
called four or five witnesses to prove that 
several persons, among whom was the wit- 
ness now on the stand, had been concealed 
in the neighborhood of Dr. Mudd's house for 
a week, and that their meals were brought 
to them by him or his servants, and had 
attempted to show that those persons were in 
the Confederate service, and that Dr. Mudd 
was guilty of treason in assisting them to 
secrete themselves, and had stated that that 
occurrence took place last year or the year 
before. To prove by this witness and others 
that no such thing occurred last year or the 
year before, might not be regarded as a 
complete answer to the allegation, and hence 
it was proposed now to show that the trans- 
action referred to took place in 1861, at the 
beginning of the war, at a time of general 
terror in the community, and that some of 
the persons, alleged to have been concealed 
there, were not there. To withhold from the 
accused the right to prove this would be 
denying to him a most legitimate line of 
defense. 

Assistant Judge Advocate Bingham replied, 
that the Governmen-t had introduced no tes- 
timony in regard to any such transaction in 
1861 ; and hence the testimony now pro- 
posed to be introduced was irrelevant and 
immaterial. If t)ie witness should swear 
falsely as to that, it would not be legal 
perjury, because it was a matter not in is- 
sue. The witness could be inquired of as to 
the time when it was stated he had been 
there, but not as to what occurred in 1861. 

The Commission sustained the objection. 

Q. Where did you and the party who were 
with you near Dr. Mudd's, sleep? 

A. We slept in the pines near the spring. 
We had some counterpanes which were fur- 
nished by Dr. Mudd. who brought our meala. 
We were there in the pines four or five days. 
While we were there we often went to Dr. 
Mudd's house; almost every day, 1 think. 
Our horses, though I do not know positively, 
were, 1 suppo.^e, attended to by Dr. Mudd's 
servant, I have not been in Dr. Mudd's 
house or near hia place since about the 6th 
of November, 1861. 

Some time from the 5th to the 10th of 



DEFENSE OP SAMUEL A. MUDD. 



18> 



Kovember, 1861, I camt. up to Washington 
to give myself up, as I was tired of being 
away from home. When I came here, they 
said there were no charges filed against me; 
so I took the oath and went home. 

My brother, Andrew Gwynn, has been 
South, I understand, since August, 1861. He 
resided some eight or ten miles from my 
place. He returned once, I understood, last 
winter, but I did not see him, and did not 
know it. I have been living in Prince 
George's County since 1861. 

I know John H. Surratt. At the time we 
were in the pines, he was, I believe, at St. 
Charles College. 

Cross-examined by the Judge Advocate. 

The parties who were arrested in 1861 
Vere mostly members of volunteer military 
/ompanies, commissioned by Governor Hicks. 
I was captain of a cavalry company down 
there. It was called the Home Guard, and 
was for the purpose of protection in the 
neighborhood There was at that time a 
great deal of dissatisfaction among the blacks, 
and those in the neighborhood thought it 
would be a good plan to organize, and com- 
panies were organized all through tlie coun- 
ties. I petitioned Governor Hicks, and he 
gave me a commission. 

Q. Was it not understood that these were 
State organizations, and intended to stand by 
the State in any disloyal position it might 
take against the Government? 

A. That was my impression of them. 

Q. And you were a captain of one of those 
companies? 

A. Yes, sir. 

Q. You felt, therefore, that it was likely 
vou would be arrested ? 

A. 1 do not know that I did from that. 
Some of the members of my company were 
arrested, and I understood there was an 
order for my arrest, and I left. 

Q. You slept there in the pines for the 
sole purpose of escaping that arrest? 

A. Yes, sir. Dr. Mudd knew why we were 
hiding in the pines, and why he was feeding 
us there. 

By Mr. Ewing. 

The company of which I was captain was 
organized in Prince George's County, I think, 
in the winter of 1860. I think we com- 
menced getting it up before the election of 
Mr. Lincoln. Dr. Mudd was, I think, a 
member of a company organized in Bryan- 
town, but I do not know it of my own 
knowledge. 

William A. Mudd. 

For the Defense. — May 30. 

By Mr. Ewing. 

I live about a mile and a quarter or a 
aiile and a half from Dr. Samuel Mudd. I 
never saw any person by the name of Cap- 



tain White, or a Captiir. or Lieutenant Perry, 
about Dr. Mudd's premises. I did not see 
Mr. Andrew Gwynn about his premises last 
year; I have not seen him since he left for 
the South. I never saw any person staying 
out in the woods, at Dr. Samuel Mudd's, any 
time last year. I remember seeing Mr. Ben- 
nett Gwynn on his horse, talking with the 
Doctor. T understood Mr. Gwynn had been 
scouting. That was in the. fall of the first 
year of the war. 

Charles Bloyce (colored.) 

For the Defense. — June 3. 

By Mr. Ewing. 

I know the prisoner. Dr. Samuel A. Mudd; 
I was about his house Saturday nights, and 
some parts of Saturday and Sunday, all last 
year, except from the 10th of April to the 
20th of May, when I went out to haul seine. 
I commenced going to Dr. Mudd's on the 
12th day after Christmas, the same day that 
Julia Ann Bloyce, my wife, went, and was 
there every Saturday night and all day Sun- 
day, except when 1 went to Church. I 
did not see Ben. or Andrew Gwynn at Dr. 
Mudd's when the war commenced, about four 
years ago; I saw them passing along by Mr. 
Dyer's. I neither saw nor heard any thing 
of Watt Bowie, John H. Surratt, Captain 
White of Tennessee, Captain Perry, Lieu- 
tenant Perry, or Booth at Dr. Mudd's while I 
was there; and I do not know of any rebel 
officers or soldiers being there. I never saw 
anybody at his house dressed in any kind of 
uniform. 

The colored folks there always laughed at 
Mary Simms; they said she told such lies 
they could not believe her. They said the 
same of Milo Simms. I thought he was a 
liar, for he used to tell me lies sometimes. I 
call Dr. Samuel Mudd a first-rate man to his 
servants; I never saw him whip any of them, 
nor heard of his whipping them. They did 
pretty much as they pleased, as far as I saw. 
I never heard a word of his sending or threat- 
ening to send any of his servants to Kich- 
mond. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

Q. Did you ever hear any thing about his 
shooting any of his servants? 
A. I did hear that. 

Q. Do you think that is first-rate business? 
A. I do not know about that. 



IMPEACHMENT OF DAN'L J. THOMAS. 

John H. Downing. 

For the Defense. — May 29. 

By Mr. Ewing. 

I live near Mount Pleasant, in Charles 

County, Md. I am very well acquainted 



184 



THE CONSPIRACY TRIAL. 



with the accused, Samuel A. Mudd, and also 
with Daniel J. Thomas, both of wliom were 
raised right by me. 

Some time this spring, between the Ist and 
the 15th of March, I think, Daniel Thomas 
was at my house, and while there Dr. Mudd 
came in, and staid about half an hour. Dr. 
Mudd did not, in conversation at that time, say 
that Abraham Lincoln was an abolitionist, and 
that the whole Cabinet were such, or that he 
thought the South would never be subjugated 
under abolition doctrines, or that the Presi- 
dent, and all the Cabinet, and every Union 
man in the State of Maryland would be killed 
in six or seven weeks. No such words were 
spoken in the house to my knowledge, and I 
Btaid there all the time. After I had been 
sitting there half an hour, I got up and 
walked to the piazza, and Dr. Mudd followed 
me immediately, and told me his business; 
that he had come to collect a little doctor's 
bill, and then went directly home. 

Dr. Mudd and Thomas could have had no 
conversation at that time but what I heard; 
I was close to them, Thomas sitting between 
me and Dr. Mudd, and if they had whispered 
I should have heard it. The President's 
name was not mentioned during Dr. Mudd's 
stay, and I do not recollect that Thomas 
mentioned it while he was at my house, and 
he had been there two or three liours before 
Dr. Mudd came, and remained fully an hour 
after he lefL Nor was any reference made to 
any member of the Cabinet, nor to killing 
anybody ; I am sure I should have remem- 
bered it if a word of the kind had been men- 
tioned. Daniel Thomas and I meet each 
other very frequently, but I never heard him 
mention a word of the kind to me any time, 
neither before the as,sassination nor since. 

I do not recollect Dr. Mudd's saying to me 
on that occasion that he did not consider the 
oath of allegiance worth a chew of tobacco; 
to my knowledge nothing of the kind was 
said. I can not recollect all the conversa- 
tion ; but they commenced talking about de- 
tectives, and Daniel Thomas told Dr. Mudd 
that he was appointed detective, and spoke 
of several others — Jerry Mudd, Dr. George 
Mud'l, Joe Padgett, 1 think, and perhaps one 
of the Hawkinses, who were also detectives ; 
but he said he would never catch anybody; 
that he would go to their houses because it 
was his duty, but he would never catch any- 
body ; that he was not bound to catch them. 

Cfross-examined by Assistant Judge Advocate 

BiNUHAM. 

Dr. Mudd and Thomas were talking all 
that half hour; their talk was pretty much 
about detectives; that is all I recollect of it. 
I believe it took Thomas pretty much a whole 
half hour to say that he was a detective, and 
did not catch anybody; he was telling a 
whole parcel of foolish things. I had no 
conversation, none at all; Dr. Mudd and 
Thomas only were talking. I believe Dr. 



Mudd compared Thomas to a jack, because 
he said he was appointed a Deputy Provost 
Marshal under Colonel Miller; and said, ''I 
think, Daniel, I am much better educated than 
you are, and I do not think I am capable 
of filling that office myself, and I do not 
think you are." I was irritated when he 
called Thomas a jack, as it was in my house; 
1 then got up, and Dr. Mudd followed me to 
the door; he was not half a second behind 
me. If Mudd called Thomas an abolitionist 
as well as a jack, I did not hear it. When 
Mudd called Thomas a jack, he might have 
been mad at the idea of his being a Deputy 
Provost Marshal. 

By Mr. Ewing. 

It was cold weather at the time, and we 
sat close by the fire, Thomas between me 
and Mudd, and I heard every word of the 
conversation that took place. 

Dr. John C. Thomas. 

For the Defense. — May 26. 

By Mu. Stone. 

I reside in Woodville, Prince George's 
County, Md., and have been a practicing 
physician for nineteen years. I am a brother 
of Daniel Thomas, who has testified here. 

On the Sunday morning after Dr. Mudd's 
arrest, my brother came to Woodville Church ; 
and as he was just from Bryantown the day 
before, we asked him the news. He was full 
of news of the arrest of Dr. Mudd, and the 
boot having been found with him, etc., and 
then during the conversation he spoke of 
what Dr. Mudd had told him a few weeks 
before, in relation to the assassination of the 
President. Mr. Sullivan Wood and several 
other gentlemen were present. lie had never 
mentioned the subject to me before that time, 
and I am certain that in that same conver- 
sation he spoke of Booth's boot being found 
in Dr. Mudd's house. 

I have attended my brother professionally 
in some serious attacks.^ About six years 
ago he had a very serious paralytic attack — 
partial paralysis of the face and part of the 
body. He labored under considerable nervous 
depression for some time before he recovered. 
He was mentally atl'ected from it. His mind 
was not exactly right for a long time, and I 
am under the impression that it is not now 
at all times; and on these occasions he is 
credulous and very talkative. He is very 
apt to tell every thing he hears, and believe 
every thing he hears. I do not pretend to 
say that he would tell things that he did not 
hear, or make up things; but he is very 
talkative. 

His reason Tnay be somewhat affected, and 
his memory also, when these attacks come 
on. He has fainting spells, and is confined 
to his bed ; but when he is up, and in the 
enjoyment of good health, he seems to be 



DEFENSE OF SAMUEL A. MUDD. 



185 



rational. These attacks come on at no par- 
ticular time. When tliey do come on, he 
labors under great nervous depression, and 
has to be stimulated materially sometimes. 
He has not had an attack now for some time; 
his health has been better. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

It was on the Sunday after the soldiers 
were at Bryantown that my brother told 
me that Dr. Mudd had said that Lincoln, 
and the whole Cabinet, and all the Union 
men of Maryland would be killed in a few 
weeks; that was the first I heard any thing 
about it. 

By the Court. 

My brother seemed to be as rational on that 
Sunday as I ever saw him ; he was not at all 
excited, and I think he was quite capable of 
telling the truth on that day. 1 had no doubt 
in my mind at that time that Dr. Mudd had 
said this, though I thought he might probably 
have said it in joke. At first I thought my 
brother was jesting, and told him that if it was 
not true he should not say so, and he said it was 
certainly true; that Dr. Mudd had made the 
statement in Bryantown; and I supposed it 
was so. I do not suppose ray brother would 
ewear to any thing that was not true. 

James W. Eichards. 

For the Defense. — J^me 6. 

I live near Horsehead, Prince George's 
County, Md. On the 1st of June last I met 
Daniel J. Thomas, in company with John 
R. Richardson, Benjamin J. Naylor, George 
Lynch, Lemuel Watson, and William Watson, 
at the door-3-ard of Mr. William Watson, 
near Horsehead. Mr. Thomas said that he 
had asked Mr. William Watson and Mr. Ben- 
jamin J. Naylor for a certificate, stating that 
he was entitled to the reward, or a portion of 
the reward, that was offered for the arrest of 
Booth and his accomplices; and he thought, 
if he could get a certificate from them to that 
effect, he would be entitled to a portion of the 
reward in the event of Dr. Mudd's being 
convicted, as he (Mudd) was considered one 
of Booth's accomplices. The reward, Mr. 
Thomas said, was $10,000; he stated that the 
certificate was to certify that he informed 
them concerning Dr. Mudd's arrest. I do 
not think he wanted a certificate stating that 
he was the cause of Dr. Mudd's being arrested. 
He said, if Dr. Mudd was convicted, he was 
entitled to a portion of the reward. 

I have known Daniel J. Thomas for the 
past five years; his reputation in the com- 
munity for veracity is very bad. In any 
thing in which he had a prejudice, or where 
any money was at stake, 1 would not believe 
him under oath. 



Cross-examined by Assistant Judge Advocate 
Bingham. 

When I rode up, Mr. Lemuel Watson re- 
marked to me, "You are a justice of the 
peace ; I am glad you have come ; I want you 
to try a case here. Daniel says he is entitled 
to so much reward, and I want you to say 
what you think of it." I do not remember 
what reply I made to this. Mr. Thomas 
stated that he had applied to Mr. Watson and 
Mr. Naylor for a certificate to the effect that 
he had informed them concerning Dr. Mudd's 
arrest, and that, if he could get such a certifi- 
cate, he would be entitled to a portion of the 
reward. We told him that we thought he 
was entitled to $20,000, by way of a joke. 
Both William Watson and myself told him 
this. I remarked to him that I did not think 
$10,000 was enough, and I thought he would 
better take $20,000. Thomas said he would 
not want me to swear to a lie for him to get 
$10,000. I understood Thomas pretended to 
Mr. William Watson that he had told him 
of the arrest of Dr. Mudd. 

By Mr. Ewing. 

I have always been a loyal man, and a 
hearty supporter of the measures of the Gov- 
ernment for the suppression of the rebeUion ; 
I voted for Lincoln and Johnson. 

In 1861 I met Mr. Thomas on my way 
from teaching school. He said that he was 
going to join the Southern army, and that he 
intended to come back, when Beauregard 
would cross, and hang a man by the name of 
Thomas B. Smith. Thomas was not a loyal 
man at the beginning of the war. 

IMr. EwiNG offered the following in evidence:! 

[official.] 

War Department, > 
Washington, April 2U, 18ij5. J 

On.e Hundred Thousand Dollars Heward. 

The murderer of our late beloved President, 
Abraham Lincoln, is still at large. Fifty 
thousand dollars reward will be paid by this 
department for his apprehension, in addition 
to any rewards oflfered by municipal authori- 
ties or state executives. Twenty-five thousand 
dollars r9|Fard will be paid for the apprehen- 
sion of G. A. Atzerodt, sometimes called 
" Port Tobacco," one of Booth's accomplices. 
Twenty-five thousand dollars reward will be 
paid for the apprehension of David E. Herold, 
another of Booth's accomplices. Liberal re- 
wards will be paid for any information that 
shall conduce to the arrest of either of the 
above-named criminals or their accomplices. 
All persons harboring or screening the said 
persons, or either of them, or aiding or assist- 
ing their concealment or escape, will be 
treated as accomplices in the murder of the 
President and the attempted assassination of 
the Secretary of State, and shall be subject 
to trial before a military commission, and the 



186 



THE CONSPIRACY TRIAL. 



punishment of death. Let the stain of inno- 
cent blood be removed from the land by the 
arrest and punishment of the murderers. 

All good citizcn.s are exhorted to aid public 
justice on this occasion. Every man siiould 
consider his own conscience charged with 
this solemn duty, and rest neither night nor 
day until it be accomplished. 

EDWlx\ M. STANTON, 

Secretary of War. 

William J. Watson. 

For the Defense. — June 9. 

By Mr. Ewino. 

I live in the Eighth Election District, 
Prince George's County, Maryland. I am 
acquainted, though not intimately, with Dan- 
iel J. Thomas. I was in my door yard, near 
Horsehead, on the 1st of June, with John K. 
Richardson, Benjamin Naylor, George Lynch, 
Lemuel Watson, and Daniel J. Thomas. On 
that occasion, Daniel J. Thomas said, if my 
memory serves me right, that if Dr. Mudd 
was convicted upon his testimony, he would 
then have given conclusive evidence that he 
gave information that led to the detection of 
the conspirators. 

He said he thought his portion of the re- 
ward ought to be $10,000, and he asked me 
if I would not, as the best loyal man in 
Prince George's County, give him a certifi- 
cate of how much I thought he ought to be 
entitled to. 

Cross-examined by Assistant Judge Advocate 

BiNGHA.M. 

I told him I did not think he was entitled 
to any portion of the reward, and would give 
him no certificate. I then appealed to his 
conscience in the most powerful manner I 
could, and asked him if he believed he was 
entitled to the reward? I did this three 
times, but he waived the question every time 
by saying that Daniel Hawkins said he was 
entitled to it. He did not say that Daniel 
Hawkins had told him, but that he had told 
somebody else so. Thomas then asked Mr. 
Benjamin J. Naylor, I think, if he did not 
mention to him and to Arthur J^ Gibson, 
before the killing of the President, the lan- 
guage that Dr. Mudd had used to him. Mr. 
Naylor said that he had never done it before 
or after. 

When I was appealing to his conscience 
in regard to the matter, Mr. James Richards, 
a magistrate in the neighborhood, rode up, 
and my brother, Joseph L. Watson, or Lem- 
uel Watson as he is called, appealed to him, 
saying, "There is a contest going on here 
between Billy and Daniel; you are a magis- 
trate, and I want you to decide it between 
them." Mr. Richards said, " Lem, let us say 
that he is entitled to $20,000 of the reward." 
Mr. Thomas then said, " No, sir, I would 
not have either of you gentlemen swear 



falsely, though by your doing so it would ffivo 
mo $20,000.' That is what I understood Lim 
to Bay. 

By Mr. Ewino. 

Mr. Richards did not offer to take a false 
oath. He was joking; I am confident of 
that. Mr. Richards is a true Union man. 

By Assistant Judge Advocate Bingham. 

Q. Do you not consider that Daniel J. 
Thomas is entitled to belief on his oath? 

A. I have no reasons bearing on my mind 
to offer to the Court why I would not; there* 
fore, I must say, I would. 

Q. Would you believe him on his oath ? 

A. I would. 

Q. He has as good a reputation for truth 
as most of his neighbors down there? 

A. I should not think he had as good a 
reputation for truth as most of the neighbors. 

Mr. Ewino objected to this course of ex- 
amination as improper. It was not legiti- 
mate crosiB-examination. The witness had 
been subpenaed by the Government, and, at 
the consent of the Judge Advocate, was 
called by the accused as to a single point, 
with the understanding that he should be 
treated as a witness for the accused only to 
that one point. 

The Judge Advocate (while not yielding 
the point that the line of examination pur- 
sued was improper) stated that he would 
agree now to take this witness as one for the 
prosecution; and the witness was accordingly 
examined for the prosecution in rebuttal. 

By Assistant Judge Advocate Binguam. 

I was not much acquainted with Daniel 
J. Thomas till 1863. He lives in Charles 
County, and I in Prince George's. I do not 
know what kind of a reputation he bore in 
Charles County, but in my neighborhood they 
spoke evil of him. They say he tells a good 
many lies, but I think people tell him as 
many lies as he tells them. Though some 
speaic well of him, people generally say that 
his reputation for truthfulness is bad. 

Q. I ask you your opinion, whether you 
consider, from all you hear of his reputation 
there, that his character for truth is such 
that lie is entitled to be believed on oath ? 

A. 1 believe that he is; becau.se if I was 
to come here and say he was not qualified, 
I should have to say that half the men 
around there are not qualified. 

By Mr. Ewixg. 

Q. Are you able to say that you know what 
Mr. Thomas's general reputation is, in the 
couimunity in which he lives, for truth? 

A. 1 think I have .slated that it i.s not good 
for truth in speaking; but 1 think he lies 
njore in sclf-))raise, to make the people think 
a great deal of him, than in any other way. 
I have never heard of Mr. Thomas telling a 
lie that would make a ditierence between man 



DEFENSE OF SAMUEL A. MUDD. 



187 



and man. I have known of no quarrels to 
be kicked up in my neighborliood about any 
thing Mr. Thomas has told from one man 
to another. 

Q. Do you know whether Mr. Thomas was 
a loyal man in the beginning of the war? 

A. I do not know. He was represented 
not, to me ; but I suppose if he had been, his 
feelings would have been coerced by the 
people by whom he was surrounded. 

Q. Do you know who he supported at the 
last election for President? 

A. I do not know ; but he electioneered 
for George B. McClellan. 

John C. Holland. 

For the Defense. — June 8. 

By Mr. Ewing. 

I hold the position of Provost Marshal of 
the draft for the Fifth Congressional District 
of Maryland. I know Daniel J. Thomas 
from the fact that he was a drafted man, 
and I examined him at Benedict, Charles 
County. I never received a letter from him 
in which the name of Dr. Mudd was men- 
tioned; nor any letter stating that the Presi- 
dent, or any member of his Cabinet, or any 
Union man in the State of Maryland would 
be killed. I received a letter from him dated 
February 9, 1865, but it contained no refer- 
ence whatever, direct or indirect, to this sub- 
ject, nor to Dr. Samuel A. Mudd. Mr. 
Thomas, I believe, was commissioned as an 
independent detective; that is, commissioned 
specially by me to arrest drafted men that did 
not report and deserters, receiving as compen- 
sation the reward allowed by law. He was not 
under pay from the Government. Such com- 
missions were given to any one who applied. 

Cross-examined by Assistant Judge Advocate 
Burnett. 



The letter contained a reference to Dr. 
George Mudd, with whom I am acquainted, 
but none whatever to Dr. Samuel Mudd; I 
am not acquainted with him. 

Richard Edward Skinner (colored.) 
For the Defense. — June 27. 

I live in Charles County, Md. I am the serv- 
ant of Mrs. Thomas, the mother of Daniel 
J. Thomas, whom I have known for thirty 
years. I know what is thought of him in the 
community for telling the truth, and he 
doesn't bear a good reputation among gen- 
tlemen. I have always been living with him, 
and I have heard gentlemen say they would 
not believe him under oath. I do not like 
lo say that I would not believe him when he 
was under oath. 

Mr. Daniel J. Thomas was not a loyal man 
on the breaking out of the war; since then 
he has sometimes been loyal, and then again 
he has not been so; jusl changeable like. 



Cross-examined by the Judge Adtooatb. 

I never heard gentlemen speak of Mr. 
Thomas testifying in a court of justice, and 
I do not mean to say that Mr. Thomas, when 
he is on his oath in court, is not to be be- 
lieved. 

John L. Turner. 

For the Defense. — June 9. 

By Mr. Ewing. 

I live in the lower part Prince George's 
County, near Magruder's Ferry, on the Pa- 
tuxent River, six or seven miles from Dr. 
Mudd's. I have a slight acquaintance with 
Daniel J. Thomas. He is not regarded as a 
truthful man by any means in that neigh- 
borhood. From his general reputation, I 
could not believe him under oath, where he 
was much interested. 

Mr. Thomas has been loyal part of the 
time since the war commenced, but I can 
not say that he has been so all the time. He 
has been loyal for the last year or two, but 
I do not know how he stood at the begin- 
ning of the war. 

Dr. George D. Mudd has been considered 
a loyal man throughout the whole war. I 
have always been a loyal man and a sup- 
porter of the Government. I voted for George 
B. McClellan for President, because I con- 
sidered him as good a loyal man and as 
good a Union man as Mr. Lincoln; and as 
he said that if he were elected the war would 
only last a few months, I voted for him on 
that ground. 

I know Dr. Sam Mudd. I have known 
him since he was a boy. His reputation for 
peace, order, and good citizenship has been 
very good. I have always considered him a 
good, peaceable, and quiet citizen, as much 
so as any man we have among us. I never 
knew him do any thing in aid of the rebel- 
lion. 

Polk Deakins. 

For the Defense. — June 9. 

By Mr. Ewing. 

I live near Gallant Green, Charles County, 
Md. I have been acquainted with Daniel J. 
Thomas ever since 1 can r«member. His 
reputation in the community for truth-telling 
is very bad; and if he had any inducement 
to speak other than the truth, I would not 
believe him under oath. 

In 1861, Mr. Thomas said he was going 
over into Virginia, and he tried to persuade 
me to go, but I did not. 

Jeremiah T. Mudd. 

Recalled for the Defense. — May 27. 

By Mr. Ewing. 

I am acquainted with Daniel J. Thomas, 
and know his reputation in the neighborhood 



188 



THE CONSPIRACY TRIAL. 



in which lie lives; for truth and veracity it 
is bad; and I do not think I could believe 
him under oath. 

Cross-examined by Assistant Judge Advocate 

BlXGHAM. 

I base my opinion, as to his general repu- 
tation, on my knowledge of him, and on his 
reputiition in the neighborhood, lie is known 
to go riding about the country, telling things 
tlu.t are marvelous and miraculous. I may 
safely say I have lieard as many as ten or 
a dozen persons speak of his bad reputation for 
truth and veracity. Among others, I have 
heard Dr. George Mudd and Mr. Gardiner. 
I have never heai'd any one say that Thomas 
had ever sworn falsely in any court 

By Mb. Stone. 

Thomas represents himself as a detective, 
acting under the orders of Colonel Holland; 
whether such is the fact I do not know. 

Lemuel L. Orme. 

For the Defense. — June 6. 

By Mr. Ewing. 

I am acquainted with Daniel J. Thomas; 
I knew him first when he was not more than 
thirteen or fourteen years of age. He is 
looked upon in the community in which he 
lives as a man that hardly ever tells the 
truth; his reputation for veracity is very bad. 
I never heard him tell any thing of any 
length, without betraying himself in a story 
before he got through; and 1 have scarcely 
heard of a man in the neighborhood that 
would believe any thing he might tell. If 
he had the least prejudice against a person, 
1 could not believe him under oath. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

If he had a prejudice, and was under oath, 
I should hardly believe him any how. 

By the Judge Advocate. 

To the best of my knowledge and belief, 
I have been loyal to the Government during 
this rebellion. I have never done any thing 
to oppose the efforts of the Government in 
suppressing the rebellion; I have always 
wished that the Union might be sustained, 
and that the Government might not be 
broken up, and have always so expressed 
myself I had no idea of the South ever 
forcing the North to go to them; and so far 
as the Union is concerned, I always expected 
that, if maintained, it would be by the North. 

By Mu. Ewing. 

If words testify any thing, Mr. Thomas 
has not been a loyal man since the begin- 
ning of the war. In the fall of 1801, for a 
distance of two miles, he talked to mc, and 
advised me to go South with him. lie may 
have changed his sentiments since, but dur- 



ing the first twelve or eighteen months of 
the war, he was looked upon as a great 
friend of the South: helping as far as hig 
ability went. He was not looked upon as 
able to help anybody, but his conversations 
were all that way. 

/ John II. Baden. 

For the Defense. — June 8. 

By Mr. Ewing. 

I live in Anacostia District, Prince George's 
County, Md. I know the reputation Daniel 
J. Thomas bears for truth and veracity; he 
is accounted a very untruthful man; I be- 
lieve few place any confidence in what he 
says. From the knowledge I have of his 
reputation for veracity I would not believe 
him under oath. 

Cross-examined by the Judge Advocate. 

I have never heard him charged with 
swearing falsely. I have heard him tell a 
great deal that was not true, but I never 
heard him swear to it 

Q. From your knowledge of human char- 
acter, do you not think there are many men 
who talk idly and extravagantly, and some- 
times untruthfully, who would nevertheless, 
when under the obligations of an oath, speak 
the truth ? 

A. I do not know, sir. I do not place any 
confidence myself in what I hear him say, 
I have nothing against Mr. Thomas; I have 
known him a good while, but I do not put 
any confidence in what I hear him say. 

Q. That is not an answer to my question. 
Do I understand yon to hold that a man who 
will sometimes speak untruthfully, will neces- 
sarily swear to an untruth in a court of jus- 
tice? Is that your judgment of human char- 
acter and conduct? 

A. Not all. 

Eli J. Watson. 

For the Defense. — June 8. 

By Mr. Ewing. 

I reside in the Eighth Election District^ 
Prince George's County, Md. I have known 
Daniel J. Thomas ever since he was a boy. 
I know his reputation for truth and veracity 
in the neighborhood in which he lives, and it 
is very bad. From that general reputation, 
and my knowledge of his character, 1 would 
not believe him under oath. 

I saw Mr. Thomas on my farm on the let' 
of June; he said he had been a witness 
against Dr. Mudd, and that Joshua S. Nay- 
lor had sworn to put down his oath ; he also 
said that if his oath was sustained, he ex- 
pected a portion of the reward that the Gov 
ernment was to give for Booth. 

Q. And that Joshua S. Nay lor had sworn 
to put down his oath; what do vou undef 
staud by that? 



DEFENSE OF SAMUEL A. MUDD. 



189 



Assistant Judge Advocate Bingham objected 
to the question, and it was waived. 

Joshua S. Natloe. 

For the Defense. — May 30. 

By Mr. Ewing. 

I reside in the Eighth Election District, 
Prince George's County, Md, I have known 
Daniel J. Thomas since he was a boy. His 
general reputation for truth and veracity in 
that neighborhood is bad, and such that 1 
would not believe him under oath. His rep- 
utation is that he never tells the truth if a lie 
will answer hia purpose better; and, though 
it is hard to say it of any man, I could not 
believe him under oath. 

Cross-examined by the Judge Advocate. 

I can not say that he is reputed to be a 
loyal and an honest man in his neighbor- 
hood. As to his loyalty, he is sometimes 
one thing and sometimes another, just as 
the prospects of the different parties seem to 
be going. During the latter part of the re- 
bellion, he has pretended to be a warm sup- 
porter of the Government, and he may have 
been sincere ; but, from what others have told 
me, he said to them he was not during the 
early part of the rebellion. 

I never heard him speak under oath, and 
can not say that I have ever heard him 
charged with swearing falsely. 

By Mb. Ewing. 

1 have been a supporter of the Govern- 
ment and the Administration of the United 
States at all times and under all circum- 
stances. Dr. George Mudd I have heard 
spoken of as a good Union man, and a sup- 
porter of the Government in the war against 
the rebellion 

John Waters. 

For the Defense. — May 9. 

By Mr. Ewing. 

I live in Charles County, Maryland. I 
have been loyal to the Union, and a sup- 
porter of the Government in the prosecution 
of the war. 

I harve known Daniel J. Thomas from a 
boy. His reputation for truth and veracity 
has not been very good ; I think the people 
generally regard him as not very truthful. 

I am acquainted with the prisoner, Dr. 
Samuel Mudd; his reputation in the com- 
munity, as a citizen, has been very good. 
Before the arrest of Dr. Mudd, I think I saw 
Mr. Thomas with a hand-bill in his hand, 
offering a reward for the arrest of the assas- 
sins or their accomplices. That, I believe, 
was on the Tuesday after the assassination 
of the President. 



Daniel W. Hawkins. 

For the Defense. — June 9. 
By Mr. Ewing. 

I am by profession a lawyer. I live about 
four miles and a half from Bryantown, in 
Charles County. I have known Mr. Daniel 
J. Thomas from ten to fifteen years. His 
general reputation in the community for 
truth and veracity is not very good. If I 
were a juror or a judge, I should think it 
very unsafe to convict on his evidence. I 
should have very serious doubts about his 
oath. 

I am very well acquainted with Dr. George 
Mudd; and I can say that I do not know a 
more loyal man than he in the State of 
Maryland. My attitude toward the Govern- 
ment during the war has been strictly loyal ; 
and I have been a supporter of the Govern- 
ment in its war measures from the com- 
mencement of the rebellion. 

Joseph Waters. 

For the Defense. — May 9. 

By Mr. Ewing. 

I live at Gallant Green, Charles County, 
Maryland. 1 have known Daniel J. Thomas 
from childhood. His general reputation in 
the community for truth and veracity is very 
bad; and from my knowledge of his repu- 
tation I do not think I could believe him 
under oath. 

I have known Dr. Mudd from childhood. 
His reputation as a citizen has been very 
good, as far as I know. I have never known 
any thing against him. I have not been in 
any way engaged in aiding the rebellion, 
but have been a loyal man throughout the 
war. 

Frank Ward. 

For the Defense. — May 9. 

By Mr. Ewing. 

I Jive at Horsehead, Prince George's 
County, Maryland. I have known Daniel J. 
Thomas ever since he was a boy. His repu- 
tation for veracity in the community is pretty 
bad. I can not say that Mr. Thomas has 
been a loyal man throughout the war. He 
is first one thing and then another; some- 
times Union and sometimes disloyal. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I voted for McClellan. I do not recollect 
whether I voted for Harris for Congress or 
not; I certainly did not rejoice at the suc- 
cess of the rebels at the first battle of Bull 
Run. 

By Assistant Judge Advocate Burnett. 

I have heard many persons speak in refer- 
ence to the reputation of Mr. Thomas, but I 



190 



THE CONSPIRACY TRIAL. 



can not recollect exactly what they fiaid. I 
live about five miles from Mr. Thomas. 

By Mr. Ewing. 

My knowleflge of his reputation was ol> 
tained before this trial commenced. 



IN WASHINGTON, December 23, 1864. 

Jeremiah T. Mcdd. 

For the Defense. — May 26. 

By Mr. Ewing. 

I reside in Charles County, Maryland, 
about a mile and a half from Dr. Samuel 
A. Mudd. Dr. Mudd and myself went to 
Washington together on the morning of the 
23d of December last. I recollect the date 
distinctly, because we got home on the 24th, 
Christmas eve. It was a little in the night 
when we arrived in Washington; we put up 
our horses near the Navy Yard, and went 
to the Pennsylvania House, registering our 
names for lodgings. We went to a restau- 
rant on the avenue, now Dubant's, I think, 
for supper, and staid there po.ssibly an hour. 
We then went to Brown's Hotel, and after- 
ward to the National Hotel, and there was a 
tremendous crowd there, and we got separated. 
I met a friend at the National, conversed 
with him a short time, then went down the 
avenue and visited some clothing stores, and 
returned to the Pennsylvania House. Dr. 
Mudd came in there shortly after me, and 
we went to bed. There was no one with 
him when I first saw him, as he came 
through the folding doors to the room where 
I was; but there may have been some few 
persons in the adjoining room from which 
he came. 

The next morning I went with Dr. Mudd 
to purchase a cooking stove, and then we 
separated, he to make some little purchases 
for himself, and I to buy some clothing, etc. ; 
but we saw each other repeatedly, every 
ten or fifteen minutes, till about 1 o'clock. 
Then we went together down to the riavy 
Yard for our horses, and left the city about 
3 o'clock. 

Q. Do you know who took the articles 
which he bought down to his home? 

Assistant Judge Advocate Bingham. I 
object to any inquiry about the articles he 
bought, or who took them. It is of no con- 
sequence. 

Mr. Ewing. May it please the Court, it is of 
a very great deal of consequence. The prose- 
cution has attempted to prove by one witness 
a meeting between Booth and Dr. Mudd, and 
an introduction of Booth to Surratt by Dr. 
Mudd, here in Washington. We expect to 
be able to show to the Court conclusively, 
that if there was any such meeting, it must 
have been at this visit to the city of Dr. 
Mudd about which we are now inquiring. 



In that view, it is of great consequence to 
the accused to be able to show that he came 
here on business unconnected with Booth, for 
the purpose of rebutting the presumption or 
inference unfavorable to him which might be 
drawn from the fact of hia having met Booth 
here. That alleged meeting with Booth has 
been put in evidence as part of the res gestx 
of the conspiracy; on any other ground, it 
would have been irrelevant and inadmissible. 
We have a right to show that Dr. Mudd came 
to the city that time for other purpo-ses: we 
have a right to show the acts that he did, in 
order to establish that his visit was a legiti- 
mate business visit to Washington. Tliere- 
fore it is that we ask who took the things 
down ; and we expect to show that he ar- 
ranged, before starting from home, to have 
the things which he was coming here to pur- 
chase hauled down, and that therefore he 
came here on legitimate business. 

Assistant Judge Advocate Bingham. If 
the gentleman had shown that this man was 
with Booth on that day, I could see some- 
thing in his argument; but as it is, it does 
not amount to any thing. 

Mr. Ewing. But I assure you we expect 
to follow this up by testimony which will 
conclusively establish that he could not have 
been with Booth upon any other day between 
that day and the assassination of the Presi- 
dent. 

Assistant Judge Advocate Bingham. They 
undertake to prove by this witness that he 
could not have been with Booth then ; this 
five-minute operation is introduced for that 
purpose, as I understand. But now, in order 
to make out something, for some purpose I 
can not comprehend, they propose to prove 
that this man bought crockery or something 
that day in town, and got somebody to haul 
it home. That has nothing in the world to do 
with this case. The amount of it all is, that 
we have introduced testimony here to prove 
this man's association with Booth in Wash- 
ington, in another month, at the National 
Hotel. If they can disprove that, well and 
good ; but it does not tend to disprove it, and 
does not tend to throw any light on the sub- 
ject, to show that, in December, (another 
time altogether than that stated by our wit- 
ness for the meeting of Booth and Mudd, 
which the Court will remember was about 
the middle of January,) Mudd bought cer- 
tain things, and hired somebody to take them 
home. All that has nothing to do with the 
case. 

The Commission overruled the objection. 

Witness. I took a portion of them my- 
self The stove was to have been taken down 
by Mr. Lucas, who had come to the market 
to sell a load of poultry, and was then in 
market with his wagon. His taking the 
stove depended upon his selling his poultry; 
it was a dull market, and Dr. Mudd and I 
went three times to see if he had sold out, 80 
that he could take it. 



DEFENSE OF SAMUEL A. MUDD. 



191 



I tave known Dr. Mudd from early youth. 
His general character for peace, order, and 
good citizenship in the neighborhood in 
■which he resides is exemplary; he has al- 
ways been amiable and estimable, a good 
neighbor, honest and correct. I never in all 
my life heard any thing to the contrary. I 
think him humane and kind to his servants; 
I have lived very close to him all my life; 
he is so regarded universally, I believe. He 
did not work them hard either; at least they 
did not do a great deal of work. 

I remember Booth being in that county; 
I saw him at Church at Bryantown in the 
latter part of November or early in Decem- 
ber last. I noticed a stranger there, and 
inquired who he was, and was told that his 
name was Booth, a great tragedian. From 
the description of him, and from his photo- 
graph, I am satisfied it was the same man. 
I only know what I heard others say about 
his business there — the common talk. 
Q. What was the common talk? 
Assistant Judge Advocate Bingham. The 
witness need not state what the common talk 
was. It is not competent evidence to under- 
take to prove common talk about a party 
not on trial here. 

Mr. EwiNG. May it please the Court, I 
know it is the object of the Government to 
give the accused here liberal opportunities 
of presenting their defense. I am sure the 
Judge Advocate does not intend, by drawing 
the reins of the rules of evidence tight, to 
shut out testimony which might fairly go to 
relieve the accused of the accusations made 
against tlieni. I think it is better, not only 
for them, but for the Government, whose 
majesty has been violated, and wliose law 
you are about to enforce, that there should 
be liberality in allowing these parties to pre- 
sent whatever defense they have to offer. 
We wish to show that Booth was in that 
county ostensibly, according to the common 
understanding of the neighborhood, for the 
purpose of selecting and investing in lands. 
We introduce this as explanatory of his 
meeting with Dr. Mudd, whose family, as we 
expect to show, were large land-holders, and 
anxious to dispose of their lands, and 1 trust 
to the liberality of the Court to allow us to 
prove it. 

The Judge Advocate. I wish certainly the 
utmost liberality in the introduction of the 
testimoriv of the defense here, and I hope the 
Court will maintain it If I at any time fall 
short myself of maintaining that spirit, I 
trust the Court will do it. I think, however, 
in this case there is no principle of evidence 
that will admit the mere talk of a neighbor- 
hood. Any fact which any witness knows, 
tending to show for what purpose Booth was 
there, no matter what that fact may be, is 
admissible; but a mere idle rumor, of which 
you can not take hold, on which you can 
not cross-question, in regard to which you 
can not speak, it seems to me, on no princi- 



ple by which the ascertamment of truth is 
sought, can be received. I wish to state 
most distinctly to the Court that I desire 
the utmost latitude of inquiry indulged in, 
and that every thing shall be introduced 
which tends in any manner to illustrate the 
defense which is made for these prisoners. I 
wish no technical objection, and shall never 
make one, and, if made, I trust it will never 
be sustained by this Court. 
The Commission sustained the objection. 

Cross-examined by the Judge Advocate. 

I really do not know Dr. Mudd's reputa- 
tion for loyalty to the Government of the 
United States during this war. I have my- 
self heard him say that he did not desire 
to see two Governments here. I have never 
known of any disloyal act of his, and never 
heard of any. I never, that I am aware of, 
heard any disloyal sentiments expressed by 
him. I have heard him express sentiments 
opposed to the policy of the Administration. 
I do not know that he has been open and 
undisguised in his opposition to the endeav- 
ors of the Government to suppress the re- 
bellion. For the past two or three years 
our people have had no disposition to talk 
about the rebellion or the war. For a/ long 
time I would seldom talk about it with any 
one; and would not send to the post-office 
for my papers perhaps for a week, and then 
would not read them — just look over them 
on Sunday. I never heard Dr. Mudd say 
that the State of Maryland had been false to 
her duty in not going with other States in 
the rebellion against the Government; and 
I never saw Confederate soldiers at his 
house. I did hear of his shooting one of hia 
servants, and do not doubt that it was true. 
I heard it was only a flesh wound. I do 
not know that the boy is lame still; I do 
not think I have seen him since. 

By Mr. Ewing. 

I heard that the servant who was shot 
was obstreperous; that he had been ordered 
to do something which he refused to do, and 
started to go away; that the Doctor had hia 
shot-gun with him, and he thought he would 
shoot him to frighten him, and make him 
stop and come back. The Doctor told me 
so himself I believe he shot the boy some- 
where in the leg. 

I have heard Dr. Mudd make use of ex- 
pressions in opposition to the policy of the 
Administration, but only in reference to the 
emancipation policy. He was a large slave- 
owner — and his father — too, and I suppose did 
not want to lose his property; this 1 sup- 
pose to be the cause of his uncompromising 
opposition to the emancipation policy of the 
Government. I never in my life heard a 
violent expression from him; it is not in hia 
character; nor did he ever indulge in violent 
denunciations of the Government. 



192 



THE CONSPIRACY TRIAL. 



Reealled for (he Defense. — May 27. 

By Mr. Ewinq. 

I have seen the handwriting of Dr. Samuel 

A. Miuid frequently, and am acquainted 

with it. 

'Kxliiliiting to the witneRS the register of the Pcnnsyl- 
vauia Umisi', heretofore produced.] 

I recognize his handwriting on the page 
open before nic; it is dated Friday, December 
23, 1864. The book is the Pennsylvania 
House register, with which I am very famil- 
iar, having repeatedly registered my name in 
it for years past. We went into the hotel 
together, and 1 registered my name two 
names above his. 1 do not know at what 
hotel Dr. Mudd was in the habit of stopping 
when he went to Washington. He had 
some relatives there, and 1 frequently heard 
of his staying the night with them. I never 
was in Washington with him before. 

J. H. Montgomery. 

For the Defense.— May 29. 

By Mr. Ewing. 

I am acquainted with the prisoner. Dr. 
Samuel A. Mudd. On the 22d of last De- 
cember, I think, the Thursday morning 
before Christmas, he asked me if I could 
bring a stove from Washington for liim. I 
told him that Lucas, who hucksters for me 
and drives my wagon, could bring it down. 
Lucas went up on Wednesday, and was to 
come down on Thursday, but he did not 
come till Friday, and returned the same day. 

Francis Lucas. 

For the Defense. — 3fay 26. 

By Mr. Stone. 

I am a huckster, and live about two miles 
from Bryantown, Maryland. On Christmas 
eve last, Dr. Mudd came to me in market 
and asked me to take a stove down for him; 
I promised to do so, if I could. He came 
to me two or three times to tell me not to 
forget it ; and I finally told him it was out 
of my power to take it. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I suppose it was about 9 or 10 o'clock on 
Christmas eve that he came to ask me to 
haul the stove. 

SAMtrEi, McAllister. 

For the Defense. — May 26. 

By Mr. Stone 

I have been a clerk at the Pennsylvania 
House in this city since the 2d of December 
last. 

[Submitting to the wltnosii nn liotol resistor.] 

That is the register of the Pennsylvania 
House. I have examined it very carefully, 



and the name of Dr. Samuel A. Mudd does 
not appear on it for tlie month of January. 
I have never, to my knowledge, seen the 
accused, Samuel A. Mudd, before. He may 
have slopped at the house and I not know 
liim, but his name would certainly be on the 
register; for no one is allowed to stop one 
night without registering his name. Persons 
often come in to take a meal, and pay when 
they go out, and do not register their namea 
I find the name ''Samuel A. Mudd' entered 
under date of December 2.3, 1804, and also 
''J. T. Mudd;" they both occupied the same 
room. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I do not know who slept with Atzerodt at 
the Pennsylvania House on the night of the 
President's assassination ; I was in bed that 
night. The next morning I saw the name 
of "Samuel Thomas" entered on the book; 
further than that I do not know. It was 
the rule of the house that the porter was 
never to allow a person to go to bed without 
registering his name; and I have never 
known the rule to be violated. The register 
does not show how long Dr. Mudd remained 
at the house in December ; the cash-book 
would show that. 

[By request of Mr. Ewrxo, the witness retired to exam- 
ine the register of the Pennsylvania House for the name 
of Dr. Mudd after December i-kl.] 

I have examined the register from the last 
entry of Dr. Mudd's name on the 23d of 
December, 1864, up to this month, May, and 
his name does not appear at all. 

Julia Ann Bloyce (colored.) 

For the Defense. — May 20 

By Mr. Ewing. 

I went to live at Dr. Sam Mudd's on the 
day they call Twelfth Day after the Christ- 
mas before last, and left two days before this 
last Christmas. I used to cook, and wash, 
and iron, clean up the hou.se, and sometimes 
wait on the table. I never saw Andrew 
Gwynn, nor any Confederate officers or sol- 
diers about Dr. Mudd's house, and never saw 
a man called Surratt there, nor heard the 
name mentioned. 

[A photograph of John H. Surratt exhibited to the wit- 
ness.] 

I have never seen that man at Dr. Mudd'sN 
I liave seen Ben. Gwynn, but I did not see 
him at Dr. Mudd's last year. I did not hear 
his name nor Andrew Gwynn's mentioned. 

Dr. Mudd was very kind to us all. 1 lived 
with him a year, and he treated me very 
kindly ; never gave me a cross word, nor any 
of the rest that I know of I did not hear of- 
his whipping Mary Simms; he never struck 
her nor any of the others a lick, through 
the whole year. 1 believe she left because 
Mrs. Mudd told her not to go out walking 
one Sunday evening; but she would, and the 



DEFENSE OF SAMUEL A. MUDD. 



193 



next morning Mrs. Mudd gave her about 
three licks with a little switch, but the switch 
was small, and I don't believe the licks could 
have hurt her. The general opinion of Mary 
Simms among the colored people is, that 
she is not a very great truth-teller. I know 
she is not, because she told lies on me. The 
colored folks think the same of Milo Simms 
as of Mary; if he got angry with you, he 
would tell a lie on you to get satisfaction. 

I never heard Dr. Mudd say any thing 
against the Government or Mr. Lincoln. 

On the day I left, two days before Christ- 
rstas. Dr. Mudd went away early in the morn- 
ing, and his wife told me he was gone to 
Washington to get a cooking stove. Since I 
left Dr. Mudd's, I have been living in Bryan- 
town with Mr. Ward. 



MUDD'S WHERE*ABOUTS, March 1-5. 

Fannie Mudd. 

For the Defense. — Jn7ie 5. 

By Mr. EwixG. 

Dr. Samuel A. Mudd, the accused, is my 
brother. I know of my brother's where- 
abouts from the 1st to the 4th of March last. 
On the 1st of March my sister was taken 
sick, and on the morning of the 2d my father 
sent to her room early to know how she 
felt. She sent him word that she felt very 
badly, and was afraid she had the small-pox. 
My father immediately dressed, and went for 
my brother, and he came there with my 
father and took breakfast with us. On the 
3d, my brother came in between 11 and 12 
to see my sister, and took dinner with us. 
As he had not his medical case with him, 
having come in from the barn, where he had 
been stripping tobacco, he went home for it, 
and came back with the medicine for my 
sister. On the 4th he came to dinner again, 
and on the 5th, Sunday, he was at my father's 
in the evening, in company with Dr. Blan- 
ford, my brother-in-law. 

I did not see my brother on the 1st of 
March, but I am pretty sure he was at home. 
I am confident my brother was not absent 
from home at any time between the 1st and 
Dth of March. We live very near, about 
half a mile distant, and we go backward and 
forward sometimes twice a day. 

I was in the habit of visiting my brother's 
house very frequently last summer, and the 
summer previous. I never saw or heard of 
John II. Surratt being there. I heard of 
Booth being there once, probably in Novem- 
ber; but I did not see him. Since this trial 
commenced, I have heard that he was there 
twice. 

I knew of three gentlemen, Mr. Jerry 

Dyer, Andrew Gwynn, and Bennett Gwynn, 

Bleeping in the pinea near my brother s house, 

in 1861 ; I do not think they secreted them- 

13 



selves except during the night. Mr. Andrew 
Gwynn was an intimate friend of ours, very 
fond of music, and he spent two evenings 
with us at my father's. He left that year, and 
I have not seen him since, nor have I heard 
of his being at my brother's. I never heard 
of a Captain Perry, or Lieutenant Perry, or 
of any Confederate soldiers being about my 
brother's house. My father's hou.se is about 
thirty or thirty-two miles from Washington. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I think I heard of Booth being at my 
brother's in the early part of last November. 
I do not know personally that my brother 
was at home on the 1st of March; I did not 
see him at all on that day. I do not know 
the officer who enrolled the names of those 
in our neighborhood subject to the draft, nor 
did I say any thing at all to the enrolling 
officers as they passed by, or were at my 
father's house. 

By Mr. Ewing. 

I know that it was the 1st of March that 
my sister was taken sick, because it was Asli 
Wednesday, and it is customary with Catho- 
lics to go to church that day, if possible, to 
prepare for the penitential season of Lent, 
and we were Catholics, and were particularly 
anxious to go to church. My sister attempted 
to rise that morning, but was not able; and a 
second time attempted, 'but was obliged to re- 
main at home. 

I did not meet Booth when he was at Bryan- 
town, but I saw him in church; he sat in Dr. 
Queen's pew, with his family. 

Mrs. Emily Mudd. 

For the Defense. — June 5. 

By Mr. Ewing. 

I live at the house of Mr. Henry L. Mudd, 
the father of the prisoner, Samuel A. Mudd. 
On Thursday, the 2d of March, Dr. Samuel 
Mudd was summoned very early in the 
morning to see his sister, who was sick, and 
again on the next day. the 3d. He came 
over about 12 o'clock that day and dined 
with us, and finding his sister much worse, 
he came over again in the evening and 
brought her some medicine. He was there 
again on Saturday to see her, and took din- 
ner again ; and 1 think he was there on 
Saturday afternoon. I am positive of the 
dates from the fact that the 1st of March, 
when the prisoner's sister was sick, was Ash 
Wednesday, and she could not go to church. 
I am sure that Dr. Samuel Mudd was not 
from home at any time between the 1st and 
the 5th of March; he was attending his sick 
sister, and was not absent from home at all. 

I know Andrew Gwynn, but have not seen 
him since the fall of 1860. He was in the 
habit of visiting the house of Dr. Mudd's 
father before that, but has not, to my knowl- 



194 



THE CONSPIRACY TRIAL. 



edge, been there, or at the house of Di. 
Samuel A. Mudd, since 1801. I never knew 
John H. Surratt, or Lieutenant Perry, or 
Captain Perry, and never heard of their being 
at the house of Samuel A. Mudd; nor have 

1 ever known or heard of parties of Con- 
federate officers or soldiers being about Dr, 
Samuel Mudd's liouse, and I have been in 
the habit of going to his house very frequently 
since 1861. 1 saw Dr. Mudd on his way home 
from Bryantown on the Saturday afternoon 
after the assassination of the President; no 
one was with him. 

Gross-examined by Assistant Judge Advocate 
Bingham. 

I saw him going by the road by his house 
toward Bryantown, 1 expect, between 1 and 

2 o'clock ; perhaps a little earlier ; and I saw 
him coming back perhaps about 4; but I am 
not positive as to the time. On the 2d of 
March, he came to his father's very early, 
before breakfast ; I do not know what time 
he left; I was sick and did not see him any 
more ; on Friday I did not see him until 
noon, at dinner. I did not see him at all on 
Wednesday, the 1st of March, and do not 
know of myself whether he was abroad or 
at home on that day, nor do I know whether 
he was at home or abroad after he left his 
sister early in the morning of the 2d, until 
the next day at noon. 

Bettt Washington (colored.) 

Recalled for the Defense. — Juyie 5 

By Mr. Ewing. 

I went to live at Dr. Samuel A. Mudd's 
house the week after Christmas, and was 
there in March last; I know that on the 
1st of March, Ash Wednesday, Dr. Mudd 
was down at the tobacco bed, getting it 
ready to sow; he was there until about dinner 
time, and he and Mr. Blanford came in to 
dinner together, lie was out all that after- 
noon, but was at home at night. I saw him 
the next morning, Thursday, at breakfast 
time, and we cut bru.sh all that day, and he 
was there working witii us all day ; he laid 
the brush otf for us to dig up. On Friday, he 
was stripping tobacco in the barn. I saw him 
on Friday morning, but not at noon ; he went 
from the barn over to his father's to dinner, 
and came back after we had been to supper. 

1 saw him on Saturday at breakfast, and 
after dinner he went to the post-ot!ice at 
Beantown, and came back at night. On 
Sunday he went to church, and came home 
Sunday night 

The tobacco bed that he was fixing on the 
Ist of March is down close to Mr. Sylvester 
Mudd's. I was working on the bed with him. 

I never heard of John U. Surratt while I 
lived at Dr. Mudd's. If I had heard talk 
of his name, I should know it. I know Mary 
Simms who used to live at Dr. Mudd's ; all the 



colored folks about tnere gave her a bad 
name as a story-teller. Dr. iludd treated me 
very well; 1 have no fault to find with him. 

Cross-examined by Assistant Judge Advocate 

BlXGIIAM. 

Dr. Mudd took breakfast at home on 
Thursday, and he was there all day when 
we were cutting brush ; he was on one side 
of the path, and we were on the other. I 
know he was at home to breakfast, dinner, 
and supper on Thursday. 

By Mr. Ewing. 

Q. Are you certain that Dr. Mudd took 
breakfast at his house on the day after Ash 
Wednesday ? 

Assistant Judge Advocate Bingham objected 
to the question as not proper re-examination. 
The cross-examination had been confined to 
matters brought out on. the examination in 
chief, and therefore this kind of re-examina- 
tion was not proper. 

Mr. Ewing desired to put the question in 
order to explain a seeming contradiction, and 
have the matter fully understood. 

The Commission sustained the objection. 

Frank Washington (colored.) 
Recalled for the Defense. — June 5. 

It is a little better than twelve months 
since 1 went to live at Dr. Mudd's house. I 
was there last March, and I know that on , 
the Ist, which was Ash Wednesday, he was 
out working with me on the tobacco bed 
from morning until night; the next day he 
was about the tobacco bed in the morning 
and afternoon. On Friday he went to the 
bed again, but it commenced raining. He 
then went to the barn to strip tobacco, and 
he staid in the barn until 12 o'clock, when 
he went to his father's. On Saturday it 
rained pretty hard, and he kept the house all 
day until pretty late in the evening, when 
he rode up to the post-office at Beantown. 
On Sunday he went to church. 

On Ash Wednesday night, and every other 
night, Dr. Mudd was at home; Dr. Mudd 
was also at home Tuesday, the last day of 
February, and 1 saw him on Sunday night, 
the 5th ; he was at home. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

1 always got up before Dr. Mudd, and I 
saw him go out of the house early on Thurs- 
day morning; 1 was working with him .all 
that day. He ate his breakfast before I'?iad 
mine, and he ate his dinner and supper at 
home. 

John F. Davis. 

For the Defense. — June 5. 

By Mr. Ewing. 

I live in Prince George's County, Md., about 
a mile from the line of Charles County. 1 



DEFENSE OF SAMUEL A. MUDD. 



195 



know that Dr. Samuel Mudd was at home on 
the 3d of March, for I went down to see him, 
and carried him half a dozen small perch. 
I saw him at his house, within five miles of 
Bryantown, at about 10 o'clock on Friday 
morning, the 3d day of March. 

Thomas Davis. 

Recalled for the Defense. — June 5. 

By Mr. Ewing. 

Since the 9th of January I have been living 
at Dr. Samuel Mudd's. I recollect that he 
was at home on the 1st of March, because I 
was sick, and he came into my room to see 
me. He told me he could not give me any 
meat on that day because it was Ash Wednes- 
day, the beginning of Lent. He came up to 
see me twice on that day, in the forenoon and 
afternoon, and on the 2d of March he came 
to see me twice, morning and evening. On 
the 3d I saw him three times, and on the 4th 
and 5th he came to see me as usual, in the 
forenoon and afternoon of each day. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I was sick and confined to my bed at Dr. 
Mudd's only once last winter; I was taken 
eick on the 22d of February, and remained 
Bick and confined to the house until about 
the 15th of March ; this is the same sickness 
that I swore to before the Court a week ago. 

By Mr. Ewing. 

Dr. Mudd was up to see me every day dur- 
ing the whole of that time, and generally 
twice a day. Dr. Mudd did not own a two- 
horse buggy or rockaway while I lived there; 
he had no buggy at all. 

By Assistant Judge Advocate Bingham. 

He had his father's carriage once on the 
17th of April. I do not know what he had 
while I was sick; I was not out to see. 

By Mr. Ewing. 

His father's carriage is a two-horse one. 
It is a close carriage; not a very lieavy one. 
There is one seat inside, and one outside for 
the driver; I think it has a window in each 
Bide, and opens at the side with a door. 

By Assistant Judge Advocate Bingham. 

It has curtains. I said it was a rockaway, 
but I spoke of it first as a " carriage ; " I never 
beard it called a rockaway. 

Henry L. Mudd, Jr. 

For the Defense. — June 6. 

By Mr. Ewing. 

Of the whereabouts of my brother, Samuel 
A. Mudd, from the Ist to the 5th of March, 
I can state that on the let of March I did not 
flee him, though he certainly was at home. 



On the 2d of March he was at my father's 
house before breakfast, having come to see 
my sister, who was sick. I saw him again 
that day at 4 o'clock. On the 3d of March 
he was sent for about 10 o'clock, and the boy 
found him in the barn stripping tobacco. He 
came about half-past 11 o'clock, remained to 
dinner, and left about 2 o'clock; I am very 
positive of this. In the afternoon of the 
same day he came again, and brought some 
medicine. I saw him again that evening 
when 1 went over to his house to fetch some 
medicine. On the 4th of March he was 
again at my father's house to see my sister. 
On the 5th of March I saw him at church, 
and he dined at our house. The distance 
from my father's house to the Navy Yard 
bridge at Washington is from twenty-seven 
to thirty miles. 

My brother has not owned a carriage of 
any description since I have known him. My 
father does not own any buggy ; he owns a 
large two-horse, close carriage, holding four 
persons inside, two on the driver's seat, and a 
large seat behind. It is as large as any of 
the city hacks, and very heavy. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I distinctly remember my brother being at 
my father's house on the 3d of March. I 
was at the barn stripping tobacco, and when 
I came to my dinner my brother came in im- 
mediately afterward, and he asked for some 
water to wash his hands ; I noticed they were 
covered with the gum of tobacco. My sister 
was taken sick on the 1st of March, Ash 
Wedne.sday; I remember I went to church 
on that day. 

Dr. J. H. Blanford. 
^ For the Defense. — June 6. 

By Mr. Ewing. 

I saw Dr. Mudd at his house on the Ist of 
March, and I saw him at church on the 5th. 
Dr. Mudd's father does not own a buggy or 
rockaway. His carriage is a large, close 
family carriage; four seats inside and two 
outside. 

Miss Mary Mudd. 

For the Defense. — June 9. 

By Mr. Ewing. 

On Ash Wednesday, the Ist of March, I 
was making preparations to go to church, 
when I was taken very sick. The sickness 
passed off, and I grew better; but on the 2d 
of March my father sent for Dr. Samuel 
Mudd, my brother, and brought him over. 
My father found liim in bed. He remained 
with us till 7 o'clock, and then returned to 
his own house. 

On Friday morning, the 3d of March, 
there was an eruption on my face, and my 
mother, who was much frightened, sent a 



196 



THE CONSPIRACY TRIAL. 



email colored boy over for my brother, who 
sent back word that he would be there to 
dinner. He came between 1] and 12 o'clock 
and dined with u.«. Having come from the 
barn where he was stripping tobacco all day, 
he brongiit no medicine. I remember he 
came directly into my room and washed the 
tobacco gum oft' his hands. He left at 2 
o'clock, and returned at 4, bringing with him 
6ome medicine. On the same day my brother 
Henry, late in the evening, went over and 
returned with more medicine. On the 4th, 
Saturday, my brother came to see me, and 
dined with us. On the 5th, Sunday, he was 
at our house in the evening. On Monday, 
the (3th, he came to see me again ; also on 
Tuesday, the 7th, and on Wednesday I was 
able to leave my room and did not need his 
attention any more. 

During tiiis time, on one of the days, a 
negro woman on the place was taken very 
sick of typhoid pneumonia. My brother 
saw her every day until the 23d of March. 
That day I remember very well, because we 
had a tornado, and his barn was blown 
down. After that, during the whole of the 
month, I saw him every two or three days, 
or heard of him. 

I have been in the habit of seeing my 
brother every day or so, because my mother's 
health is delicate, and he comes in frequently 
to see her. 

I know of thy brother going to Washing- 
ton on the 23d of March, in company with 
Lewcllyn Gardiner. I remember his being 
at a party at Mr. George Henry Gardiner's 
in January, but I do not remember the date. 
His wife and Mrs. Simms, who boards in 
the family, were also there. They remained 
until daybreak. A short time after that, he 
came with my brother Henry to Giesboro to 
buy some horses. Those are the only occa- 
sions I know of his being away from home 
between the 23d of December and the 23d of 
March, and I never heard of his being ab- 
sent on any other occasion. 

My brother never owned a buggy or car- 
riage. My brother has for the past year 
worn a drab slouch hat. I have never seen 
him wear a black hat for a year. 

1 know Andrew Gwynn. 1 understand he 
has been in the Confederate service since 
1861. I never knew or heard of any Con- 
federate officers, or soldiers, or citizen Con- 
federates, stopping at my brother's house. 

I saw Booth in Dr. Queen's pew at church 
last fall or winter. It was the visit when 
he purcha.sed the horse of Mr. Gardiner. I 
do not know of Booth having been at my 
brother's at that visit. 1 only heard of it; I 
did not hear of his staying there over night. 
I never heard of a second visit until since 
this trial commenced. Mr. Gardiner does 
not live more than half a mile, I think, 
from my brother's. Bryantown is on the 
road between Dr. Queen's and Mr. Gardiner's. 
My brother's house is also on that road. I 



My brother first went to St. John's Col- 
lege in 1849, and he was there in 1850. In 
1851 he went to Georgetown College. He 
was not at home in the months of October, 
November, and December of 1850, or Janu- 
ary, 1851. He never spent any holiday at 
home except the summer vacation. 



IN WASHINGTON, Maech 23, 1865. 

Thomas L. Gardiner. 

Recalled for the Defense. — May 29. 
By Mr. Ewing. 

On the 23d of March last, Dr. Samuel A. 
Mudd (the accused) and myself came to 
Washington together. We left home abont 
8 or 9 o'clock in the morning, and came up 
to attend the sale of Government condemned 
horses, which we were told would take place 
on Friday; but when we got to Mr. Mar- 
tin's, we heard that the day of sale had 
been changed to Tuesday, and we were dis- 
appointed in attending it. 

Dr. Mudd said he wanted to go over in 
town ; so we left our horses at Mr. Martin's, 
where we had dined, walked across the 
bridge and up to the Navy Yard gate ; then 
we took a street-car and came up on the 
avenue. We went to Mr. Young's carriage 
factory, where Dr. Mudd looked at some 
wagons, and then around to one or two liv- 
ery-stables, where Dr. Mudd looked at some 
second-hand wagons. From there we went 
round on the island to Mr. Alexander Clark's. 
Not finding him at home, we went down to 
his store, staid there with him till dark, and 
he closed his store, when we returned to his 
house, and took tea with him. After tea, 
Mr. Clark, Dr. Mudd, and myself went to 
Dr. Allen's, remained two or three hours, 
then returned to Mr. Clark's, and staid all 
night — Dr. Mudd and myself sleeping to- 
gether. After breakfast next morning, we 
accompanied Mr. Clark to his store, and 
then went to the Capitol and looked at some 
of the paintings. After this, we took a 
street-car, returned to Mr. Martin's and or- 
dered our dinner, after which we got our 
horses and returned liome. We were not 
separated at all during the whole time; we 
were not out of one another's sight, I am 
confident, from the time we left Mr. Martin's 
till we returned. We saw nothing of Booth 
while there, nor did we go to the National 
Hotel. 

I recollect the contest in our Congressional 
district, in which Calvert and Harris were the 
rival candidates. Mr. Harris was running 
as a peace candidate; I do not know that 
he was termed a secessionist Calvert, I un- 
derstood was the unconditional Union candi- 
date. I can not say whom Dr. Mudd sup- 
ported at that election. I did not see his 
ticket, but from a conversation I had with 



DEFENSE OF SAMUEL A. MUDD. 



197 



him, I supposed he would support Mr. Cal- 
vert. I understood him to say that he thought 
it would be better to elect Mr. Calvert. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I understood that Calvert was publicly re- 
puted to be a stronger Union man than 
Harris. 

By Assistant Judge Advocate Burnett. 

I do not know that there were three can- 
didates in the field ; that Colonel John C. Hol- 
land was the unconditional Union candidate in 
that district, and the others both peace can- 
didates. I know that Colonel Holland was 
a candidate when Harris was elected the last 
time. 

Dr. Charles Allen. 

For the Defense. — June 6. 

By Mr. Ewing. 

I am acquainted with the prisoner, Samuel 
A. Mudd. The last time I saw him was at 
my office in this city, on the evening of the 
23d of March last. He came there in com- 
pany with Mr. H. A. Clark and Mr. Gar- 
diner; the latter gentleman I had never seen 
before. I was introduced to him on that 
evening; I do not know his first name. I 
understood that he lived in the same section 
of the country that Dr. Mudd lived in. They 
came in about 8 o'clock, and remained till be- 
tween 12 and 1 o'clock at night. There 
were several other gentlemen in ni\' office, to 
whom Mr. Clark introduced Dr. Mudd and 
Mr. Gardiner. I can fix the date of that 
visit from the fact that a tornado had swept 
over the city that day, unroofing one or two 
houses, and killing a negro man; and this 
was spoken of by us in the evening; by ref- 
erence to the newspapers I find that it was 
the 23d. I had seen Dr. Mudd once before, 
in the early part of 1864, when Mr. Clark 
first introduced him to me. Those are the 
only two occasions on which I have seen him. 

Henry A. Clark. 

For the Defense. — June 6. 

By Mr. Ewing. 

In the latter part of last March, Dr. Mudd 
(the accused) and Mr. Gardiner, a neighbor 
of his, came to my store in this city, between 
6 and 7 o'clock in the evening, and went 
home with me, and took tea at my house. 
After tea we went around to Dr. Allen's office, 
and spent the evening there, in company with 
a number of other gentlemen. Mr. Emerson 
and Mr. Veiglimyer were there. Mr. Gar- 
diner and Dr. Morgan were there for a few 
minutes, and I think Ethan Allen, but am 
not positive; and perhaps Mr. Bowman of 
the Bank of Washington; there were per- 
haps ten or a dozen. We remained till be- 
tween 12 and 1 o'clock, playing cards. Dr. 



Mudd and Mr. Gardiner went to my house 
with me; I gave them a bed-room, and they 
remained together in my house, and went 
away together the next morning. I have not 
seen Dr. Mudd on any other occasion this 
year until yesterday. 

I, do not know either J. Wilkes Booth, 
John H. Surratt, or Mr. Welch man. No 
one bearing either of those names was in 
company with Dr. Mudd, Mr. Gardiner, and 
myself at Dr. Allen's, at my house, or any 
where else. Dr. Mudd was not out of my 
sight that night from the time he came into 
the store until he went into his room to bed. 
There were no strangers about my house in 
the morning, and there, was no one in com- 
pany with Dr. Mudd and Mr. Gardiner when 
they left. They came to my house on the 
day on which a severe storm had occurred, 
by which a negro boy was killed. I fix the 
time of their visit by this, for we were talk- 
ing about it at Dr. Allen's. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I knew all who were at Dr. Allen's on 
that evening, but I can not recall them. I 
spend the evening there often, and am pretty 
much acquainted with the gentlemen that 
visit there, but I can not state positively the 
names of the ten or a dozen that were there 
that evening 



AT GIESBORO ON APRIL 11. 

Henry L. Mudd, Jr. 

For the Defense. — May 29. 

By Mr. Ewing. 

I live about three miles from Bryantown, 
and about three-fourths of a mile from my 
brother, Samuel A. Mudd; I have lived there 
all my life. On the 10th of last April, I think 
it was, my brother, Samuel A. Mudd, and 
myself left home together and went to Blan- 
ford's, ten miles from Washington. We staid 
there all night, and the next morning Dr. 
Blanford, Dr. Mudd, and myself went to 
Giesboro to buy condemned Government 
horses. Dr. Blanford left us about half-past 
10 o'clock, and went to Washington. We 
remained till about 1 o'clock, and finding no 
horses that suited us, I proposed to Dr. Mudd 
to go down to Mr. Martin's, near the bridge, 
and get some dinner, which we did. Dr. 
Blanford came in just as we had dined, and 
we all three returned home. Dr. Mudd and 
myself were not separated five minutes during 
that visit. We did not cross the Eastern 
Branch, or come into Washington or the Navy 
Yard, nor did I see any thing of John Wilkes 
Booth during that visit. 1 know of but two 
other visits to Washington made by my 
brother, Samuel A. Mudd, during last winter 
and spring; the first on the 23d or 24th of 



196 



IX£ CuSaP£&ACT TmiAI. 





- * ■*- "T 


IM^a^ 


- 




- 








War tkere^ 




wner 









j3 aad 4 o'dock. I »m boc poaidTe, m»a uarr 

'•B tib«e kft KnfeUhti. Tk^ mM iImt vck 

r-sf •• Cimhwi Frai lo hsr konca. I 

.^e BO ■»■■■ «r fixii^ &e date of tkk tihi 

-eyt iwB ajr ^m^ vkidi is st Immm: httt 

i&iak H was ^e 4A of A^. Xehkcr 

MadU aor Dr. PlaafciJ «m there, to bit 

ymiei^, Wfma that Ciaw aad ^e ■■■■ 

:.u>oa of tW IhiiaJfL 



iy AflHRAST JZDG* AsroCAXS 

: £a ae« R^iBtar Di^ Matf • aaae ms ail; 
r 3! a aaa bj <ke aaae of Slevait mat tkcve 
t^at dar. aad hm 
tkat Ike baak win ahaw &e 



isn. 



Sc:^ee I was mpoa tke attad jeelcrdaj I 

kare nftiiui to a j i tg a ter , aad fiad tkat it 

-'.-■ ^^rrr Madd ^at waa at bt koaae oa 

. 'of XfA. It aaat kave beea oa 

..Ji of A^ tkat Ik: Saaad Madd, 

Us krotkcr Hour, aad Dr. Baafard were 

tkoe; I kaow it 'fioB tkc ftet tkat, vkea 

^^ tkej kad keea gOM akoat kalf aa koor. 

"^ ™!*f;* Jo*aa S. Sajlor aad Leaad Onw (wkoae 

-i!L^'"** jaaMeB are n^irtLiul oa tkat d^) drore sp 

'**' aaae r^,^ jMhad if tkcre was aajbodj vp from 

.ulea Coaatr, aad I told'tkcM that Di: 

:.dd aad kis'tntker k^ jaat left. 

1 »w Dt Xadd aad Jeny Madd ia market 

ia WwkamgbBm oa tke 2-fak of Denmbo- laeL 

Dn Madd keiped "M «» «dl »•« <nlBen; 

^ XL was a *a aaiket, aad ke aaid ke tkoi^ 

.-- .ke coaid A» ketler ^sa I was doiag; so ke 

at tke fliaad wkSe I w«at loaad tke 



■> 3L 



keki 
tk^^. 



He 



lWf4r D^aim.—. 
I ^ I'll wiA tke 



Idoaottkiak 

at Bij ataad twiee 

He i afa iitjd of Laeas if ke eoald 

dvaa fat kim, aad Lncas's 

~ icflr was tkat. if ke aold kie poalnj, ke 

vo<dd: if aoc, ke woald kare ta take it orer 

:. to Be; kat ke dU aot ad Us poaltrr, aad 

1 tke stave was aat Moved dnt daj. 

Di: Ifadd wM at BIJ koase oa tke 23d of 
j^^ Xaick: kis aaae was registered oa tkat dar. 
* He aad Hx. Caidiau case togetker belbre 
1^7 left tkeir kooes tkere, aad 
awar tke acxtdaj after fiaaec I 
tkey weaft; I oalj- kaov 

McSwDC I aow prapoae to ask Ae wit- 

by tkeae- 
Dr. 'eaaed ta kiBS. as to tke parpoae of kis Tisk. 
L. laasanck as tke Tim, kas to be esplaiaed, I 
at tkiak, aader tke rales of eridcaee. tkat state- 
is dcarir adHsahie. Tkcre are plea rr 
of aatkarittes'fgriL 

Jadge Aivoetfe Bcv^ux. I 

ta mj Aat tkere is aoc a&j aa- 

Ikiwilj ia Ikf wibM fnr ii.iirrsasr tkat is aoi 

wkdkcrkeacC 

Sot 




LjyJLSSE OP LLKUEL A. 



lSf9 



il3>: 



is ~ 

gr-. 



BrrsHtv 



St STT 



,^:::ij a^aae x: 



200 



THE CONSPIRACY TRIAL. 



Dr. J. H. B LAN FORD. 

For the Defense. — May 29. 
By Mr. Ewing. 

I live about twelve miles from this city, in 
Prince George's County, Maryland. 

On the 11th of April last, I accompanied 
Dr. Samuel A. Mudd and his brother, Henry 
L. Mudd, to Giesboro, to attend a Govern- 
ment sale of horses. We arrived there some 
time before the hour of sale, and I remained 
with Dr. Mudd till after 12 o'clock, examin- 
ing horses. They were very inferior, and Dr. 
Mudd did not purcliase any. Having busi- 
ness in Washington, I left Dr. Mudd about 
half-past 12; arranging to meet him at 3 
o'clock, at Mr. Martin's, near the bridge. I 
was with Dr. Mudd all the time till half-past 
12. I went to Washington, and got back to 
Mr. Martin's about half-past 2, and found 
Dr. Mudd there, waiting for me. In about 
fifteen minutes, probably, we started toward 
home, and rode together to the road leading 
to my house, when I went home, and he 
continued his journey. 

His brother was with him when I left him 
at Giesboro, and was with him at Mr. Mar- 
tin's when I returned. Mr. Martin's place 
is on the other side of the Eastern Branch, 
right in the forks of the road leading to 
Giesboro and the stage road leading down 
through the counties, and is not more than 
fifty or one hundred yards from the bridge. 
It is a mile and a half, or probably two miles, 
from the National Hotel, Washington. 

During the last eighteen months, I have 
several times heard Dr. Mudd speak, in gen- 
eral terms, of being dissatisfied with his 
place, and that he would sell if an advant 
ageous offer were made to him ; but I have 
no knowledge of his making a direct offer to 
sell his farm. 



MUDD'S ABSENCE FROM HOME. 

Thomas Davis. 

For the Defense. — May 29. 

By Mr. Stone. 

I have lived at Dr. Samuel Mudd's since 
the 9th of January last, working on his 
farm. I have been on the plantation all the 
time, with the exception of one night some 
time in January. Dr. Mudd has been absent 
from home only three nights during that 
time ; one niglit at a party at George Henry 
Gardiner's, and the other times in Washing- 
ton. It was on the 2tJth of January tliat he 
went to Mr. Gardiner's; his family accom- 
panied him, and they returned a little after 
sunrise. The next lime he was from home 
was on the 2'-i<\ of March, when he went to 
Washington with Mr. Lewellyn Gardiner to 
buy some horses. They came back on the 



24th. I remember the date because tlie barn 
was blown down while he was away, and 
the 2.5th was a liolida}'. 

I do not know John H. Surratt, nor John 
Wilke.s Booth; I never heard their names 
mentioned, nor the name of David E. Herold. 

! A likeness uf John WilkcB Booth was HhowD to the wit- 
ness.] 

I never saw that man at Dr. Mudd's while 
I was living there. I was ill for more than 
three weeks while I was there, and Dr. Mudd 
attended me. I took my meals up stairs 
then, but when I was well I took them with 
the family, except when late on account of 
feeding the horses, or doing other things; 
then I took them by myself I saw Dr. 
Mudd every day during all the while I lived 
there, except the times I have mentioned, 
when he was absent. 

I was at home on Saturday, the 15th of 
April, and saw two horses there, and heard 
that two men were there; but I did not see 
them; I was working in the field. The men 
left, as near as I can say, between 3 and 4 
o'clock in the afternoon. I was there also 
on the following Friday, at work on the 
farm. Some soldiers came to the house on 
that day, and wanted to see Dr. Mudd. He 
was at his father's, and I went for him. I 
told him some soldiers were at the house and 
they wanted to see him, and he came along 
with me directly. He said nothing to me 
then about a boot, nor I to him. He came 
with me as far as the barn, and I went into 
the field, and he and Mr. Hardy went on 
toward the house. I never heard Dr. Mudd 
express any disloyal sentimenta 

By Mr. Ewing. 

I did not take breakfast with the family 
on the day after the President's assassina- 
tion; I was attending to the horses, and was 
not ready when the horn was blown ; nor did 
I take dinner with them that day. All I 
knew about tiie two men having been there, 
was that one of them had a broken leg, and 
one had been to meals, and the other had not 

Cross-examined by Assistant Judge Advocatb 
Bingham. 

That was what I understood about them; 
I did not see the men. When I came back 
to the house, about 4 o'clock, the horses 
were gone, and as I did not hear of the men 
being there after that, I supposed they were 
gone. 

I saw Dr. Mudd and his wife start to go 
to Mr. George Henry Gardiner's on the night 
of the parly ; they walked in that direction. 
Mr. Gardiner lives about three-fourths of a 
mile from Dr. Mudd's. 

By Mr. Ewing. 

lExbibiting to the witness a photograph of John H. 
Surratt.] 

I never saw that man at Dr. Mudd's; I 
saw him at his own home about five years 



DEFENSE OF SAMUEL A. MUDD. 



20] 



ago. I have not seen him since the 9th of 
January, when I went to live at Dr. Mudd'e. 

Betty Washington (colored.) 

For the Defense. — May 27. 

By Mr. Stone. 

I went to live at Dr. Samuel Mudd's, as 
near as I can tell, on the Monday after 
Christmas, and have been living there ever 
since. I was a slave before the emancipa- 
tion in Maryland, and belonged to Mrs. 
Adelaide Middleton. I have not been away 
from Dr. Mudd's house a single night since 
I went to live there. Dr. Mudd has not been 
away from home at night but three times 
that I can recollect, but I can not say in 
what month. 

The first time, he and his wife went to a 
party at Mr. George Henry Gardiner's ; they 
went about sundown, and came back late at 
night; I do not know what time. The next 
time was wlien he went to Giesboro with 
his brother, Mr. Henry Mudd, to buy some 
horses. He started in the morning, and 
came back, I think, next day. I can not 
think what month it was, but it was since 
the last Christmas. The last time he went 
to Washington, he started in the morning, 
and came back the next day at night. I 
did not see any one leave the house with 
him, but I heard that Mr. Gardiner vvent to 
Washington with him. I do not know who 
came back with him. I think it was in the 
"latter part of the month that he went there. 
He was away, in all, two whole nights and 
a part of a night. 

I did not see the two men that were at Dr. 
Mudd's lately — Booth and Herold; I saw one 
of them, the small one. I was standing at 
the kitehen window, and just saw a glimpse 
of him. going in the direction of the swamp. 
I did not see any one with him. In three 
or four minutes after this Dr. Mudd came 
to the door, and asked if they had gone for 
the woman to clean up the house. Mrs. 
Mudd had started off a little girl for a 
woman to come and clean, as the gentlemen 
had gone. 

I never saw the small man before, and I 

did not see the large man at all. 

|.A card photograph of J. Wilkes Booth was shown to the 
witness.] 

If ever I saw that man at Dr. Mudd's, I 

do not recollect; I never saw anybody like 

that picture that I can recollect. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

I do not know where Giesboro is. All 
that I know about Dr. Mudd's going there 
is, that he told me he went there, and so did 
his wife. Mr. Henry Mudd, his brother, 
was there to go with him, and they started 
together to buy horses ; but lie missed the 
day, and could not buy any. 

1 think there was a week, or two weeks, 



between the time when he went to Giesboi'O 
and the next time when he was away all 
night; but I can not come at it exactly. 



AT BEYANTOWN, April 15, 16. 

George Booz (colored.) 

For the Defense. — May 27. 

I live with Mr. Henry L. Mudd. I am 
attending to his lower place, next to Bryan- 
town, above the road, about half a mile from 
Mr. John McPherson's. 

On Easter Saturday, the 15th of April, I 
saw Dr. Mudd at my house. I also saw him 
on the road coming up fi-om toward Bryan- 
town and going toward home. The main 
road from Bryantown, up to the swamps, 
goes right through my place. You can go 
from Bryantown to Dr. Mudd's either by con- 
tinuing along the main road, or through 
the plantation path. As Dr. Mudd came 
from Bryantown he passed through my place 
by the by-road. I did not see anyperson 
with him, either walking or riding. I had 
been in the swamp looking for my hogs. I 
had been below, and had crossed the main 
road, and met Dr. Mudd coming up from 
Bryantown ; I spoke to him. That was be- 
tween 3 and 4 o'clock in the afternoon. I did 
not see any one, or pass any one on either road. 
I did not see any person on horseback stand- 
ing in the swamp, nor any person at all. If 
anybody had been standing in the road, I 
think 1 should have seen him, as I passed 
from the big swamp across the main road up 
to my house, and as I came up to the hill. 
I also passed near the little swamp, and could 
have seen if any one had been there. 

Dr. Mudd was riding at his usual pace. 
He very frequently, in going to or coming 
from Bryantown, would pass through our 
place, and I would see him. Dr. Mudd, on 
this occasion, on the Saturday, stopped and 
spoke a few words, and asked me where I 
had been, and then kept on. 

Cross-examined by Assistant Judge Advocate 
Bingham. 

When we met, Dr. Mudd was going toward 
his home. He did not ask me if I had seen 
anybody, nor did he say any thing about 
Bryantown. He was riding a bay filly; it 
was his own horse; I know it well. As I 
was not looking out for anybody, a person 
might dismount and I not notice him. Some 
of the bushes tiiere are as tall as a man's 
head, or taller. 

Recalled for the Defense. — June 7. 

I met Dr. Mudd on the by-road leading 
through our farm on the day after the as,sas- 
sination. I crossed the road ju.st oppcsitc my 
house, and about three hundred yards from 
the big elm on the side furthest from Bryan- 



202 



THE CONSPIRACY TRIAL. 



town. Where I crossed the road, I reckon I 
can eee a quarter of a mile in each direction ; 
that is, from and toward Bryaiitown — a plain, 
full view. Tlierc was no horseman on the 
road that I saw. If there had been any one 
going along the road with Dr. Mudd, and lie 
kept on the main road, away from Bryan- 
town, when Dr. Mudd turned up through this 
by-road, I think 1 should have seen him; 
there was nothing to prevent iL 

If anybody had been traveling with Dr. 
Mudd, and kept on the main road when Dr. 
Mudd turned in at the gate, he would have 
been pretty nearly at or near the point where 
and when I crossed the main road, and had 
he been there I must have seen him. 

ScsAX Stewart. 
For the Defense — June 3. 

I live at Mr. John Morris's, about a mile 
from Bryantown, and not more than a quarter 
of a mile from George Booz's. I live on the 
little cut-off road, leading through the farm. 

I saw Dr. Samuel Mudd, the prisoner, on 
Easter Saturday, about 3 or 4 o'clock. He 
was about fifty yards from the road, inside 
of the place at which I live. When I saw 
him, he was just at the corner of the barn, 
going up toward Mr. Morris's house, rid- 
ing very slowly by himself I saw no one 
with him. It was cloudy and misty, and I 
think raining a little. Standing at my door, 
from which I saw Dr. Mudd, I can see a 
quarter of a mile or more of the main road. 
I can see from the swamp clear up to the 
tree called big elm. I did not see Dr. Mudd 
when he came out of the main road. I did 
not take particular notice of the main road, 
but I could have seen very easily if there had 
been anybody on the main road. 

I saw George Booz meet Dr. Mudd that 
day after he had passed our house. 

By Assistant Judge Adtocate Bingham. 

Dr. Mudd. when I first saw him, was 
opposite the barn, which is not more than 
fifty yards from the main road. He was 
coming up toward our house, but I can not 
say whether he was coming from the direc- 
tion of Bryantown or not. 

Pkimcs Johnson (colored.) 

For the Defense. — June 3. 

I saw Dr. Samuel Mudd coming from 
Bryantown by Mr. Booz's on the Saturday 
after the President was killed, about 3 o'clock, 
or a little after. I also saw him when he 
was going to Bryantown; he was riding by 
himself There was a man followed Master 
Samuel, going toward Bryantown, and this 
man came back by hiin.sclf, and he came 
back before Dr. Samuel Mudd, I reckon, 
about half an hour. Mr. Booz's is about 
two miles from Bryantown, and is on the 
road between Dr. Mudd's and Bryantown. 



Leonard S. Robt. 
For the Defense. — June. 3. 

I was in Bryantown on the Saturday after 
the assassination of the President, about 3 
o'clock in the afternoon, and I staid there 
until night Before getting to Bryantown, 1 
met a gentleman on the road, who told me 
of the assassination, but he professed not to 
believe it. When I got near Bryantown, I 
found soldiers stationed two or three hun- 
dred yards from the village. I made inquiries 
of them, and learned that such was the fact, 
and that somebody that belonged to the thea- 
ter was the assassin ; but, though I conversed 
with several, none of them could give me 
his name. I was not in Bean's store that 
day. 

I also asked several persons, citizens as 
well as soldiers, and it was not till a few 
minutes before I left in the evening that I 
received the information as to who was the 
assassin, from Dr. George Mudd. 

I know Daniel J. Thomas, and the repu- 
tation he bears for truth and veracity in the 
neighborhood in which he lives. It is such 
that I would not believe him under oath. 

Cross-examined by Assistant Judge Advocate 
Burnett. 

I have known Mr. Thomas from boyhood. 
My attitude toward the Government during 
this rebellion has, I believe, been that of a 
loyal citizen. 1 have given no assistance or 
counsel to the enemy in any way, shape, 
or manner. There are some acts of the Ad- 
ministration I may have spoken of not so 
pleasantly, but nothing more; but I do not 
think 1 have said any thing against the 
Government in its efl'orts to put down the 
rebellion. 

I know the man Boyle who murdered 
Captain Watkins, but I never harbored him 
at my house. I have only seen him once or 
twice. He came to my house the morning 
after our general election, with some ten or 
a dozen or fifteen. I live not far from the 
road, and many call after the election. After 
the general election, on their route home- 
ward, a party called, and Boyle was among 
them. I did not know him at that time. 
They staid but a short time. When I heard 
his name, I had a reason not to want him 
there, and I was not so particular in my 
treatment toward those with him, and they 
left after an hour or two, and I have not 
seen him since. 

By Mr. Ewing. 

In what I said of Daniel J. Thomas, I 
referred to his reputation before the war as 
well as since. It appears to me he is a 
kind of man who will imagine things, and 
then bring himself to believe they are facts, 
and, believing them, then assert and stand 
to tliem to the last that they are facts, and 
swear to them. 



DEFENSE OF SAMUEL A. MUDD. 



203 



De. Joseph Blanford. 

For the Defense. — June 3. 

By Mr. Ewing. 

I am acquainted with the routes from 
Washington through Surrattsville to Bryan- 
town, and through Surrattsville to Port To- 
bacco and Pope's Creek. I have traveled 
these routes several times ; I am also famil- 
iar with the road from Dr. Mudd's to Bry- 
antown. 

[A ronghly-drawn map of the locality was offered in evi- 
dence, from which it appeared, by the explanation of the 
witness, that that portion of tne roarl between the elm- 
tree ami the swamp, nearly half a mile in length, is visi- 
ble from the houses of Booz and Murray, and the whole 
of the road that branches off from the main road, and 
running by Murray and Booz's bouses, is entirely visible 
from those houses.] 

By Assistant Judge Advocate Bingham. 

Two weeks ago I made special inspection 
of these roads, to ascertain what portion of 
the roads was visible from the houses occu- 
pied by Booz and Murray. 

I know where the colored people named 
Bloyce live. The cluster of trees round the 
houses would obstruct the view of this road, 
I think. I do not think a person could see 
any distance from these houses. 

By Mr. Ewing. 

From the bridge, as indicated on the map, 
to Bryantown, is not more than a quarter 
of a mile, and you can look down the road 
right into the main street of the town. A 
person coming from the bridge to Dr. Mudd's 
house would have to pass along the main 
road by the big elm, or else by the cut-ofF 
by John Murray's house. 

E. D. K. Bean. 
For the Defense. — June 3. 

I am a merchant at Bryantowrf; On the 
day following the assassination, I believe it 
was. Dr. Samuel Mudd bought some goods 
at my store. I sold him some calicoes ; this 
is the only thing that I particularly remem- 
ber. When I first heard that day that the 
President was assassinated, I asked by 
whom, and my impression is that they said 
it was by Boyle